The Energy Law

APRIL 29, 2016

The Louisiana Second Circuit Court of Appeal, in Middleton, et al. v. EP Energy E&P Company, L.P., et al., concluded that, in considering whether mineral leases terminated for failure to produce in paying quantities, a fact finder may consider periods of production years prior to filing suit, but must consider all factors which would influence a reasonably prudent operator to continue production, and at the summary judgment stage, cannot simply emphasize certain relevant evidence and disrega

Law 40

Law Natural Resources 40

Vermont Law

APRIL 18, 2016

Summary. : Wastewater from hydraulic fracturing (“fracking”) is not well-regulated in the United States, even though regulations exist at federal and state/local levels. This author recently published an article in which he argues the need for a federal commission, similar to the Nuclear Regulatory Commission, to regulate fracking wastewater (link provided in the text below).

Waste 40

Waste Regulations Law Politics 40

The Energy Law

APRIL 29, 2016

Louisiana appellate court unanimously dismisses cross-appeals in legacy case, finding that the trial court improperly designated partial summary judgment rulings as final under Article 1915 of the Louisiana Code of Civil Procedure. In Spanish Lake Restoration, LLC v. Shell Oil Company, et al. , the Louisiana First Circuit Court of Appeal recently dismissed cross-appeals taken in a legacy case.

2004 40

2004 Natural Resources 40

The Energy Law

APRIL 25, 2016

On April 21, 2016 the United States Court of Appeals for the Sixth Circuit denied several petitions for rehearing en banc a Sixth Circuit panel decision that looked at which courts (federal district court or federal courts of appeal) have original jurisdiction to hear challenges to the EPA’s Clean Water Rule. This recent ruling leaves in place the Sixth Circuit panel ruling holding that jurisdiction lies at the appeals court level.

Clean Water Act 40

Clean Water Act 2015 2016 Environmental Protection 40

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Waste

The Energy Law

APRIL 12, 2016

The extended downturn in the oilfield economy is showing up in some taxpayers’ inability to pay their Texas real property and personal property ad valorem taxes when those taxes become due. This note reminds taxpayers what happens when the ad valorem taxes are not timely paid. It also reminds lenders with security interests in real and personal property to monitor their borrowers’ financial situations and any related developments in tax liens and tax sales in order to maximize the value of col

Law 40

Law Natural Resources 40

Vermont Law

APRIL 4, 2016

Summary. : Cyberattacks pose obvious threats to infrastructure and financial institutions, but they also create major environmental threats. Any dam, chemical plant, or nuclear power plant that uses computers is a savvy hacker away from being an environmental disaster. By Mark Latham. Cyberattacks occur today with alarming frequency. They can happen anywhere a computer performs some function, which today means any and everywhere.

Nuclear Power 40

Nuclear Power Environmental Protection Pollution Control Air Pollution 40