The Energy Law

JULY 1, 2021

On June 30, 2021, the Louisiana Supreme Court issued an opinion redefining the nature of available damages and the “actual, statutorily permitted role of the jury in Act 312 remediation lawsuits.” 6/30/2021); — So. 3d — (“ LL&E II ”). [1]. Background of Legacy Litigation and LL&E I . LL&E II , at *2.

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The Energy Law

MAY 18, 2021

Updated from May 18, 2021 post. On May 17, 2021, the United States Supreme Court issued a decision in the climate change litigation affecting the fossil fuel industry. 1447(d), a provision that specifically authorizes interlocutory appeal of an order remanding a case removed pursuant to the federal officer removal statute. .

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The Energy Law

MAY 18, 2021

Updated from May 18, 2021 post. On May 17, 2021, the United States Supreme Court issued a decision in the climate change litigation affecting the fossil fuel industry. 1447(d), a provision that specifically authorizes interlocutory appeal of an order remanding a case removed pursuant to the federal officer removal statute. .

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The Energy Law

MARCH 7, 2023

In support of that notion, the Court cited the 1957 Texas Supreme Court case Garrett v. 17, 2023), in which it re-affirmed the axiomatic principle that a text retains the same meaning in the present day as when it was drafted. In addition to the estate misconception theory, the Court analyzed the “legacy of the one-eighth royalty.”

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The Energy Law

AUGUST 3, 2021

On June 29, 2021, the United States Supreme Court, in a 5-4 vote, held that a natural gas company’s right to condemn property for a pipeline under the Natural Gas Act includes the right to condemn state-owned property. In this case, PennEast sought to exercise the federal eminent domain power bestowed upon it by the Natural Gas Act (NGA).

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The Energy Law

FEBRUARY 4, 2021

2021) (“Henry Schein II”). The distributor argued that the inclusion of its request for injunctive relief brought the case under the carve-out in the arbitration provision. This is now the second time this case has been before the Supreme Court on issues of arbitrability.

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The Energy Law

SEPTEMBER 30, 2021

527 (1962) requires courts hearing maintenance and cure cases to construe disputed medical evidence in the seaman’s favor. On appeal, the Eleventh Circuit held that Vaughan does not require courts hearing maintenance and cure cases to construe all disputed medical evidence in the seaman’s favor. Supreme Court holding in Vaughan v.

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The Energy Law

AUGUST 3, 2021

On July 1, 2021, the Internal Revenue Service published Revenue Ruling 2021-13 , which provides guidance on three important issues related to the income tax credit for carbon oxide sequestration found in section 45Q of the Internal Revenue Code.

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The Energy Law

FEBRUARY 9, 2021

20-30300, 2021 WL 96168, a three-judge panel of the U.S. The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). On January 11, 2021, the Fifth Circuit panel affirmed. 2021 WL 96168 at *2.

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The Energy Law

MARCH 2, 2021

24, 2021), the United States Court of Appeals for the Fifth Circuit addressed a question that has increasingly become a sticking point in Louisiana “legacy” cases: whether claims brought under a Louisiana citizen suit provision for alleged violations of state environmental regulations can be heard in federal court. 20-30224 (5th Cir.

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The Energy Law

NOVEMBER 6, 2020

Sensing that the Department of Revenue may lose the Smith International case, the legislature used this Act to prohibit refunds for taxpayers who previously paid late payment penalties but would not owe them under the holding of Smith International. Now, the penalties imposed by Acts 2015, No. In addition, the late payment penalty in La.

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E&A Education Casing 52

The Energy Law

FEBRUARY 9, 2021

20-30300, 2021 WL 96168, a three-judge panel of the U.S. The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). On January 11, 2021, the Fifth Circuit panel affirmed. 2021 WL 96168 at *2.

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Producer's Edge

JANUARY 20, 2025

This recent case [ MIECO, L.L.C. With these common strings, this case could have implications (small or large) for other similar pending disputes across the state. In February 2021, during Winter Storm Uri, Pioneer failed to deliver the contracted amounts of gas from February 14 to 19. Pioneer Nat. 4th 710 (5th Cir.

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The Energy Law

FEBRUARY 4, 2021

2021) (“Henry Schein II”). The distributor argued that the inclusion of its request for injunctive relief brought the case under the carve-out in the arbitration provision. This is now the second time this case has been before the Supreme Court on issues of arbitrability.

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Casing Manufacturing E&A IT 52

Permian Basin Oil and Gas Magazine

JUNE 2, 2025

The advantage for minerals firms is that they have no investment in equipment or drilling costs, as do E&Ps. The challenge is that they must still do geological research on formations, and then predict where the E&P is planning to drill. Click here to listen to the Audio verison of this story!

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The Energy Law

OCTOBER 11, 2021

The subsequent purchaser doctrine has been litigated extensively in Louisiana legacy cases involving claims for oilfield remediation. Energen Resources Corporation , 2021-0290 (La. 10/4/21), 2021 WL 4548529, —So. 10/4/21), 2021 WL 4548529, —So. In Louisiana Wetlands, LLC v.

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Producer's Edge

MAY 19, 2025

Anadarko E&P Onshore, LLC, 520 S.W.3d Anadarko E&P Onshore, LLC, 520 S.W.3d 2021), the Court reiterated that "the surface owner, and not the mineral lessee, owns the possessory rights to the space under the property's surface." This dispute involved 160 acres in Matagorda County, Texas. West, 508 S.W.2d

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The Energy Law

NOVEMBER 18, 2020

Maintaining that the plaintiff qualified as a seaman under controlling Fifth Circuit precedent but questioning that precedent in light of Supreme Court case law, the panel urged the Fifth Circuit to review the case en banc. Smart Fabricators of Texas, LLC , 970 F.3d The rig was jacked up out of the water with its legs on the seabed.

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The Energy Law

NOVEMBER 18, 2020

Maintaining that the plaintiff qualified as a seaman under controlling Fifth Circuit precedent but questioning that precedent in light of Supreme Court case law, the panel urged the Fifth Circuit to review the case en banc. Smart Fabricators of Texas, LLC , 970 F.3d The rig was jacked up out of the water with its legs on the seabed.

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The Energy Law

MARCH 2, 2021

24, 2021), the United States Court of Appeals for the Fifth Circuit addressed a question that has increasingly become a sticking point in Louisiana “legacy” cases: whether claims brought under a Louisiana citizen suit provision for alleged violations of state environmental regulations can be heard in federal court. 20-30224 (5th Cir.

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True Energy

NOVEMBER 17, 2024

For example, Pacific Gas and Electric Company (PG&E) implemented four rate increases for all customers in 2024 alone. PG&E is far from alone. In many cases, there sems to be little no choice but to pass some of the growing costs on to consumers. For customers, it offers cheaper energy and more control.

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The Energy Law

NOVEMBER 30, 2020

On October 26, 2020, the U.S. Many questions on the form, however, ask for information as to actions and events that have occurred well after the borrower’s request for the PPP loan. Under federal income tax principles, these expenses generally would qualify as deductions against gross income on the borrower’s federal income tax return.

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The Energy Law

NOVEMBER 6, 2020

Sensing that the Department of Revenue may lose the Smith International case, the legislature used this Act to prohibit refunds for taxpayers who previously paid late payment penalties but would not owe them under the holding of Smith International. Now, the penalties imposed by Acts 2015, No. In addition, the late payment penalty in La.

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The Energy Law

FEBRUARY 3, 2021

The issue of whether a company is an independent contractor of an E & P company is frequently litigated in oilfield injury accidents, as the injured worker searches for multiple sources of possible recovery. This case was handled by Paul Adkins in Liskow’s Baton Rouge office. In McDaniel v R.J.’s s Transportation, LLC , —- So.3d

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The Energy Law

FEBRUARY 3, 2021

The issue of whether a company is an independent contractor of an E & P company is frequently litigated in oilfield injury accidents, as the injured worker searches for multiple sources of possible recovery. This case was handled by Paul Adkins in Liskow’s Baton Rouge office. In McDaniel v R.J.’s In McDaniel v R.J.’s

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The Energy Law

MAY 5, 2021

There are few cases interpreting these statutes. Plaintiff further argued that Miller was inapplicable because the unleased owner in that case “simply demanded the operator identify whatever interest the owner may have in any of the operator’s units.” and the penalty imposed in La. Plaintiff formally requested reports under La.

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The Energy Law

MAY 5, 2021

There are few cases interpreting these statutes. Plaintiff further argued that Miller was inapplicable because the unleased owner in that case “simply demanded the operator identify whatever interest the owner may have in any of the operator’s units.” and the penalty imposed in La. Plaintiff formally requested reports under La.

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Operator Casing E&A IT 52

The Energy Law

MARCH 31, 2021

19-0459, 2021 WL 936175 (Tex. While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. Burlington Resources Oil & Gas Co., 3d 198, 211 (Tex.

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Royalty Gas Oil Downstream 52

The Energy Law

MARCH 31, 2021

19-0459, 2021 WL 936175 (Tex. While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. Burlington Resources Oil & Gas Co., 3d 198, 211 (Tex.

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Royalty Gas Oil Downstream 52

The Energy Law

APRIL 19, 2021

18-0983, 2021 WL 1045723, at *1 (Tex. 19, 2021) (“ Eagle II ”). The Eagle II case is the second case that arose between TRO-X, L.P. (“TRO-X”) The Texas Supreme Court recently released its anticipated opinion in Eagle Oil & Gas Co. TRO-X, L.P. , TRO-X”) and Eagle Oil & Gas Co.

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The Energy Law

MARCH 1, 2021

In the world of oil and gas, there are a lot of companies with debt maturities coming due in 2020 or 2021 ( see this article from the Wall Street Journal discussing the $120 billion debt wall these companies will face through 2023), and oil prices have been below the break-even point for many drilling sites.

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The Energy Law

NOVEMBER 30, 2020

On October 26, 2020, the U.S. Many questions on the form, however, ask for information as to actions and events that have occurred well after the borrower’s request for the PPP loan. Under federal income tax principles, these expenses generally would qualify as deductions against gross income on the borrower’s federal income tax return.

IT 40

IT E&A Casing Operator 40

The Energy Law

MAY 5, 2021

There are few cases interpreting these statutes. Plaintiff further argued that Miller was inapplicable because the unleased owner in that case “simply demanded the operator identify whatever interest the owner may have in any of the operator’s units.” and the penalty imposed in La. Plaintiff formally requested reports under La.

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Operator Casing E&A IT 40

The Energy Law

MARCH 31, 2021

19-0459, 2021 WL 936175 (Tex. While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. Factual and Procedural Background. 3d 198, 211 (Tex.

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Royalty Gas Oil Downstream 40

The Energy Law

APRIL 19, 2021

18-0983, 2021 WL 1045723, at *1 (Tex. 19, 2021) (“ Eagle II ”). The Eagle II case is the second case that arose between TRO-X, L.P. (“TRO-X”) The Texas Supreme Court recently released its anticipated opinion in Eagle Oil & Gas Co. TRO-X, L.P. , TRO-X”) and Eagle Oil & Gas Co.

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The Energy Law

FEBRUARY 22, 2024

When royalties are valued “at the well,” royalties must be calculated based on either comparable sales or, when comparable sales are not readily available (which is often the case), by subtracting the post-production costs incurred to prepare production for sale from the proceeds received by the lessee from the sale of that production.

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Royalty Gas E&A Oil 52

The Energy Law

MARCH 1, 2021

In the world of oil and gas, there are a lot of companies with debt maturities coming due in 2020 or 2021 ( see this article from the Wall Street Journal discussing the $120 billion debt wall these companies will face through 2023), and oil prices have been below the break-even point for many drilling sites.

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