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On June 26, 2018, the Ninth Circuit Court of Appeals issued its opinion that reversed the trial court conviction of a Montana man who had been convicted under the criminal provisions of the Endangered Species Act for shooting and killing a grizzly bear. United States v. Charette , F.3d , No. 17-30059 (9th Cir. June 26, 2018). Brian Charette shot the grizzly bear as it was harassing horses in a pasture behind his rural home.
The Louisiana Supreme Court’s reversal of Gloria’s Ranch, L.L.C. v. Tauren Exploration, Inc. , hands a victory to financiers of oil and gas operations and settles a long-running controversy over the amount of damages available for failure to pay mineral royalties. The Gloria’s Ranch trial court held two mineral lessees and a mortgagee (Wells Fargo) solidarily liable for more than $20 million in damages resulting from failure to release a mineral lease in North Louisiana.
On or about May 23, 2018, several Defendants in the Coastal Zone Management Act (“CZMA”) Litigation filed Notices of Removal in 42 lawsuits filed against 212 oil and gas companies by six different parishes (Plaquemines, Jefferson, Cameron, Vermilion, St. Bernard, and St. John the Baptist), removing the cases to federal court. The timing of the removal was based on Plaintiffs’ expert report, which was produced on April 30, 2018.
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