The Energy Law

MARCH 26, 2019

On March 21, 2019, the U.S. District Court for the Western District of Louisiana held that a unit operator may not recover post-production costs from an unleased mineral owner’s share of production proceeds in Allen Johnson, et al. v. Chesapeake Louisiana, LP. [1] The dispute in Johnson involved a group of unleased mineral owners (“UMOs”) who filed suit against a unit operator for deducting a litany of post-production costs against their share of production proceeds from an oil and gas unit in

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Law Columbia

MARCH 26, 2019

By Dena Adler. Photo Credit: Hillebrand/USFWS. Earlier this month, the Sabin Center submitted a public comment on the Bureau of Land Management’s (BLM) Draft Environmental Impact Statement (EIS) for oil and gas development in the Arctic National Wildlife Refuge (ANWR), stressing the document’s insufficient consideration of climate change impacts. At the end of 2017, Congress squeezed a provision to open ANWR to drilling into the tax bill.

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The Energy Law

MARCH 25, 2019

This morning I attended oral argument at the United States Supreme Court in the maritime case of Dutra Group v. Batterton. [1] The question in the case is whether a Jones Act seaman may recover punitive damages on an unseaworthiness claim. Former Solicitor General Seth Waxman argued for Petitioner Dutra Group and David Frederick argued for Respondent Christopher Batterton.

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The Energy Law

MARCH 25, 2019

Due to the Tax Cuts and Jobs Act (“TCJA”) passed by Congress in December 2017, starting in 2018 many 501(c)(3) Exempt Organizations (“EOs”) are required to treat the cost of employer-paid qualified transportation and parking benefits as unrelated business taxable income (“UBTI”) to the EO. Though EOs have until May 15, 2019 to file their 2018 returns and remit any taxes owed to the federal government, there is a time-limited opportunity for some EOs to change their parking policy prior to March

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