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Ethical Obligations in Technology Assisted Review
Technology Assisted Review (TAR), also known as predictive coding or computer-assisted review, has been defined as “[a] process for prioritizing or coding a collection of documents using a...
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United States Fifth Circuit Court of Appeals Finds That Louisiana Citizen...
In its recent decision in Grace Ranch, L.L.C. v. BP America Production Company, et al., No. 20-30224 (5th Cir. Feb. 24, 2021), the United States Court of Appeals for the Fifth Circuit addressed a...
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Future Outlook for Subsurface Trespass Claims Against Third Party Purchasers...
A recent decision from the Louisiana First Circuit Court of Appeal may have lasting effects on good faith purchasers of oil. In Hill v. TMR Exploration, Inc, 2021 WL 267916, the First Circuit affirmed...
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Western District Rejects Disgorgement of Profits Claim for Pipeline Trespass
In Mary v. QEP Energy Company, the Western District of Louisiana rejected, for the second time in this case, Plaintiffs’ claims seeking a disgorgement of QEP’s profits. QEP was the lessee of a...
View ArticleTexas Supreme Court Update: The Court Decides Issue of First Impression...
The Texas Supreme Court recently issued its anticipated decision in BlueStone Natural Resources II, LLC v. Randle, affirming in part and reversing in part the lower court’s ruling. No. 19-0459, 2021...
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President Biden Faces Constitutional Challenges to Revocation of Keystone XL...
During his first hours in the Oval Office, President Biden issued Executive Order 13990, entitled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.”...
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Texas Supreme Court Update: TRO-X Lives to Fight Another Day in Contractual...
The Texas Supreme Court recently released its anticipated opinion in Eagle Oil & Gas Co. v. TRO-X, L.P., 18-0983, 2021 WL 1045723, at *1 (Tex. Mar. 19, 2021) (“Eagle II”). The Eagle II case is...
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Texas Supreme Court Update: Boundary Dispute Between Leasehold Owner and...
Bringing to mind the infamous Hatfield-McCoy family feud, Concho Resources, Inc. v. Ellison is a classic boundary dispute between a leasehold owner and neighboring lessees with allegations of fraud...
View ArticleUnited States Western District of Louisiana Issues Opinion on Notice Required...
In recent years, there has been an increase in litigation relating to the unleased owner reporting requirements contained in La. R.S. 30:103.1 and the penalty imposed in La. R.S. 30:103.2. There are...
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United States Supreme Court Issues First Decision in Climate Litigation
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. In a 7-1 decision (Justice Alito...
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Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser...
In Lexington Land Development, L.L.C. v. Chevron Pipelines Company, et al., 2020-0622 (La. App. 1 Cir. 5/25/21), 2021 WL 2102932, —So. 3d—, the Louisiana First Circuit recently reaffirmed well-settled...
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Overturning 8 Years of “Palpable Error,” The Louisiana Supreme Court Limits...
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.” The...
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New Developments in Shocking Case Before the Texas Supreme Court Regarding...
Devon Energy Production Company, L.P. v. Sheppard is a royalty dispute between several lessees, Devon Energy Production Co., L.P., et. al., and several lessors, Michael A. Sheppard, et. al.,...
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TC Energy’s $15B Claim Against U.S. for Biden’s Revocation of Keystone XL...
TC Energy Corporation stated that it filed a notice of intent with the U.S. Department of State that it will make a claim against the U.S. under the North American Free Trade Agreement (NAFTA). The...
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United States Supreme Court Blocks New Jersey’s Sovereign Immunity Challenge...
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...
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Louisiana First Circuit Applies Subsequent Purchaser Doctrine to Property...
The subsequent purchaser doctrine has been litigated extensively in Louisiana legacy cases involving claims for oilfield remediation. The doctrine provides that a current landowner has no standing to...
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Fifth Circuit Rejects Disgorgement of Profits Claim for Pipeline Trespass
In Mary v. QEP Energy Company, the U.S. Fifth Circuit held that a landowner is not entitled to a pipeline company’s profits as a consequence of a portion of a pipeline being located partially outside...
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Federal Court Enjoins Biden’s Social Cost of Carbon Efforts On the Basis of...
On February 11, 2022, the Biden Administration’s climate change agenda sustained a major blow as Judge James D. Cain of the Western District of Louisiana enjoined a Biden administration executive...
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United States Fifth Circuit Weighs in on La. R.S. 30:103.1 and 103.2 Notice...
Louisiana Revised Statutes 30:103.1 et seq. have been heavily litigated in recent years, but there are only a handful of reported decisions interpreting these statutes. Many of these decisions involve...
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A Primer on CCUS Regulation in Louisiana
Carbon capture, utilization, and storage (CCUS) projects involve various legal issues. Like traditional exploration and development, CCUS projects require the operator to secure both the necessary...
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Long-Awaited Victory on the Proper Deductibility of Post-Production Costs...
For nearly three years, unit operators in Louisiana have waited to see whether the Western District of Louisiana would change course or double down on its March 2019 decision in Johnson v. Chesapeake....
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Future Of Federal Offshore Oil And Gas Leasing: Department Of Interior...
Last week, the U.S. Department of the Interior released its proposed Outer Continental Shelf (OCS) five-year program for offshore oil and gas leasing. The Outer Continental Shelf Lands Act (OCSLA)...
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LNG Facilities Facing Environmental Challenges
A petition filed on July 19 by Sierra Club and Healthy Gulf seeks review of a “dredge and fill” permit granted by the U.S. Army Corps of Engineers to Driftwood LNG – a liquefied natural gas (LNG)...
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United States Court of Appeals Finds BOEM Environmental Impact Statement...
In a recent opinion released by the United States Court of Appeals for the District of Columbia Circuit, the court declined to vacate a deficient environmental impact statement (“EIS”) prepared in...
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The Western District of Louisiana Holds that the Federal Energy Regulatory...
In a unique twist on a common challenge to the deductibility of post-production expenses, plaintiffs in Grayson L.L.C. (Of Louisiana), et al. v. BPX Operating Co., et al. sued the unit operator for...
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Louisiana State Court Reverses Issuance of Air Permits, Citing Environmental...
On September 14, 2022, the 19th Judicial District Court revoked air permits issued by the Louisiana Department of Environmental Quality (“LDEQ”) under Louisiana’s Prevention and Significant...
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Fifth Circuit Allows Landowners’ Tort Claim Against Louisiana Department of...
In a recent decision, the United States Fifth Circuit Court of Appeals remanded to state court a case brought by landowners against the Louisiana Department of Environmental Quality (“LDEQ”) and...
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2023 Master Plan Brings Updates to Coastal Research and Projects
The Louisiana Coastal Protection and Restoration Authority (CPRA) recently released its 2023 draft Coastal Master Plan, which is required by law to be updated every six years. The most recent draft is...
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2023 Begins With Increased (or Unlimited) Liability for Vessel Owners
A Regulatory Increase to the Limits of Liability for Oil Pollution and an Amendment Exempting Small Passenger Vessels from the Limitation of Liability Act Present New Challenges for Vessel Owners U.S....
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Texas Supreme Court Holds that References to “One-Eighth” in Old Oil and Gas...
The Texas Supreme Court recently released its opinion in Van Dyke v. Navigators Grp., No. 21-0146, 2023 WL 2053175 (Tex. Feb. 17, 2023), in which it re-affirmed the axiomatic principle that a text...
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Texas Supreme Court Holds that Add-Back Provision in Oil and Gas Lease...
The Texas Supreme Court recently released its opinion in Devon Energy Production Company, L.P. v. Sheppard, — S.W.3d —, No. 20-0904, 2023 WL 2438927 (Tex. 2023), in which it held that lessees owed...
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Louisiana Senator Proposes Statutory Framework Governing Rights and...
The Louisiana Legislature’s 2023 Regular Session begins on April 10th, and last Friday, Louisiana Senator Allain of District 21 filed SB 154 proposing to enact a statutory framework directly governing...
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Louisiana Legislature to Consider Amendments to Forced Pooling Regime...
On Friday, March 31, 2023, Representative Larry Bagley of Louisiana’s District 7 proposed amendments to Louisiana Revised Statutes § 30:10. The bill, HB 590, extends a prior substantive change in the...
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Force Majeure Clause Fails to Protect Oil and Gas Lessee From...
In Point Energy Partners Permian, LLC v. MRC Permian Company, — S.W.3d —, No. 21-0461, 2023 WL 3028100 (Tex. 2023), the Texas Supreme Court held that the lessee could not invoke a force majeure clause...
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The Smackover Formation: Unveiling the Lithium Potential
The pursuit of alternative energy sources has become increasingly important in our quest for a sustainable future. Lithium, a key component in rechargeable batteries, has emerged as a vital element...
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Court Dismisses Permitting Challenges to the U.S.’s First Major Offshore Wind...
On May 17, 2023, the United States District Court for the District of Massachusetts dismissed plaintiffs’ challenges to the Vineyard Wind Project—the United States’s first major offshore wind project....
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U.S. Supreme Court Issues Major Environmental Decision Narrowing the Scope of...
The U.S. Supreme Court decision in Sackett v. EPA, No. 21-454 (May 25, 2023) is a landmark ruling in environmental law interpreting the scope of water bodies covered by the Clean Water Act (CWA) – an...
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Texas Supreme Court Holds That Production Payments Were Properly Withheld as...
In Freeport-McMoRan Oil & Gas LLC v. 1776 Energy Partners, LLC, — S.W.3d —, No. 22-0095, 2023 WL 3556695 (Tex. 2023), the Texas Supreme Court held that, as a matter of law, the operator of a joint...
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“Juries cannot simply pick a number and put it in the blank.” – Texas Supreme...
On June 16, 2023, the Supreme Court of Texas released the plurality opinion in Sarah Gregory and New Prime, Inc. v. Jaswinder Chohan, et al., __ S.W.3d ___, No. 21-0017, 2023 WL 4035886 (Tex. June 16,...
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Louisiana Third Circuit Affirms Authority of Tax Commission to Correct...
In a unanimous decision, a three-judge panel of the Louisiana Third Circuit Court of Appeal affirmed the authority of the Louisiana Tax Commission to correct property tax assessments of pipelines when...
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EJ Evolution: EPA Closes Title VI Investigations into LDEQ and LDH
On June 27, 2023, the EPA administratively closed its Title VI investigations into whether the Louisiana Department of Environmental Quality (“LDEQ”) and the Louisiana Department of Health’s (“LDH”)...
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Louisiana State Mineral Board to Consider Retaining Third Party Counsel to...
The Louisiana State Mineral & Energy Board (“Mineral Board”) is the body tasked with overseeing the mineral resources owned by the State of Louisiana. As part of this work, the Mineral Board and...
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E-Discovery Update: Louisiana Third Circuit Affirms Defendant’s Authority to...
The Louisiana Third Circuit recently affirmed a trial court discovery ruling that allowed the defendant to design its own e-discovery protocol without input from plaintiffs. In doing so, the Third...
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One Man’s Waste is Another Man’s Treasure: Texas Appellate Court Holds that...
Produced water—a substance traditionally considered to be a useless byproduct of fracing—has recently become a valuable product that can be treated and sold to operators for drilling. As background,...
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EPA and Army Corps Release New WOTUS Rule
On September 8, 2023, EPA and the U.S. Army Corps of Engineers published a final rule narrowing the scope of “waters of the United States” (WOTUS) under the Clean Water Act (CWA) such that certain...
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Climate-Related Lawsuits Continue to Return to State Courts: Understanding...
A federal appeals court has affirmed that a “greenwashing” lawsuit by the District of Columbia against several major energy companies should not be heard in federal court. In doing so, the court found...
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Fifth Circuit Applies U.S. Supreme Court’s Sackett Decision to End...
On December 18, 2023, the U.S. Court of Appeals for the Fifth Circuit applied the U.S. Supreme Court’s Sackett v. EPA decision redefining waters of the United States (“WOTUS”) to end a ten-year...
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Louisiana Appeals Court Finds Environmental Justice Is Part of the Louisiana...
On January 19, 2024, the Louisiana First Circuit Court of Appeal reinstated the Formosa Plastics (“FG LA”) facility air permits, which the lower court had previously vacated. Rise St. James v....
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EJ Evolution: Court Enjoins EPA from Imposing Disparate Impact Requirements...
Less than two weeks after the hearing in Louisiana v. EPA, a federal district court granted Louisiana’s request to preliminarily enjoin the Environmental Protection Agency (EPA) and the Department of...
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At the Well vs. Off the Lease: The Fifth Circuit Asks the Texas Supreme Court...
The United States Court of Appeals for the Fifth Circuit’s recent decision in Carl v. Hilcorp Energy Company, —F.4th—, No. 22-20226, 2024 WL 137038 (5th Cir. Jan 12, 2024) concerns how three related...
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