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On November 21, 2007, the Louisiana Fourth Circuit Court of Appeal affirmed the trial court’s ruling in favor of Chevron U.S.A., Inc. (“Chevron”), the Plaquemines Parish Government (“PPG”), and others in a dispute with the State of Louisiana over the validity of a 1938 mineral lease granted by the Buras Levee District (“BLD”). The State of Louisiana had previously created the BLD and transferred to it all lands belonging to the State within its geographic borders, including the tract invol
By Katie Caswell In Rose v. Tennessee Gas Pipeline Co. , plaintiff, owner of an undivided interest in property across which Defendant Tennessee Gas Pipeline Co. (“TGP”) held a pipeline “easement” or “right of way” obtained in an expropriation proceeding, appealed from the district court’s dismissal of her claims against TGP as time barred by prescription. 2007 WL 4111191 (5th Cir.
By April Rolen-Ogden In Mayne & Mertz, Inc. v. Excalibur, et al. , the issue presented was whether damages for loss of a lease opportunity were too speculative to survive summary judgment. The case involved a claim for misappropriation of trade secrets, in this case seismic data. The landowner, Excalibur, received the data but was required to maintain its confidentiality.
By Jonathan Hunter: On October 30, 2007, the Federal District Court for the Western District of Louisiana granted summary judgment in favor of Kerr-McGee Oil and Gas Corporation in a dispute between Kerr-McGee and the Department of the Interior over the enforceability of "price threshold" clauses that Interior inserted into deep water leases granted during the years 1996-2000.
Speaker: Nikhil Joshi, Founder & President of Snic Solutions
Is your manufacturing operation reaching its efficiency potential? A Manufacturing Execution System (MES) could be the game-changer, helping you reduce waste, cut costs, and lower your carbon footprint. Join Nikhil Joshi, Founder & President of Snic Solutions, in this value-packed webinar as he breaks down how MES can drive operational excellence and sustainability.
In Martin v. JKD Investmens, LLC , the Court of Appeal of Louisiana, Second Circuit, rejected a plaintiff’s fraud claim because the plaintiff had failed to read the contract that he signed which transferred the mineral rights on his property to JKD Investments, LLC ("JKD"). Click here to read more. In Martin , the plaintiff inherited five and a half acres from his mother.
By Kindall James The issue of whether an individual employee is personally liable for oilfield environmental damages was recently addressed in Kling Realty Co., Inc. v. Texaco, Inc , 2007 WL 81665 (W.D. La. 2007). The plaintiff mineral lessors claimed that their property had been damaged by oilfield operations, and sued not only the operator, but also a production supervisor.
In Duplantier v. BP Amoco, et al. , the Louisiana Fourth Circuit Court of Appeal held that under Act 312 of 2006 (La. R.S. 30:29), there should be a single trial of both the regulatory remediation covered by the statute and the plaintiffs’ separate damages claims (if any). The Louisiana Supreme Court has now denied a writ application with respect to that opinion.
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In Duplantier v. BP Amoco, et al. , the Louisiana Fourth Circuit Court of Appeal held that under Act 312 of 2006 (La. R.S. 30:29), there should be a single trial of both the regulatory remediation covered by the statute and the plaintiffs’ separate damages claims (if any). The Louisiana Supreme Court has now denied a writ application with respect to that opinion.
The Energy Information Agency reported as follows in its September 13, 2007, report: Since Wednesday, September 5, natural gas spot prices increased as tropical storms threatened to disrupt supplies and pipeline explosions in Mexico stirred concerns of supply security. Crude oil recorded yet another record high, increasing over $4 per barrel to nearly $80.
Since Wednesday, August 29, natural gas spot prices increased in most markets (exceptions were Florida and Rocky Mountain region). Crude oil was up over $2 per barrel. Commodity Price or Volumes Change since last % Change Natural Gas Spot (Henry Hub) $5.81/MMBtu UP $0.17 3.0% NYMEX (September deliveries) $5.805/MMBtu UP $0.22 4.0% Natural Gas in Storage 3,005 Bcf UP 36 Bcf 10.4% West Texas Intermediate Spot $75.74/Bbl UP
By Joe Giarrusso: In Louisiana, a lawsuit is generally deemed abandoned when the parties fail to take any step in its prosecution for three years. This rule is operative without any formal order. La. Code Civ. P. art 561. However, Act 361 of 2007 extended the period for abandonment to five years where (1) the action was initiated prior to August 26, 2005, and was not previously declared abandoned under the general three year period, and (2) the party proves that the failure to take a step in
By Andrew Wooley: Supreme Court of Texas decides Superior Snubbing : In a case of substantial importance to the energy industry, the Supreme Court of Texas held that an oilfield service contractor sued by an injured employee of another contractor is entitled to enforce the indemnity provision in a Master Service Agreement between the operator and the contractor whose employee was injured.
Speaker: Kevin Kai Wong, President of Emergent Energy Solutions
In today's industrial landscape, the pursuit of sustainable energy optimization and decarbonization has become paramount. ♻️ Manufacturing corporations across the U.S. are facing the urgent need to align with decarbonization goals while enhancing efficiency and productivity. Unfortunately, the lack of comprehensive energy data poses a significant challenge for manufacturing managers striving to meet their targets. 📊 Join us for a practical webinar hosted by Kevin Kai Wong of Emergent Ene
MMS’s August 22, 2007 Western Gulf of Mexico lease sale offered 3,338 tracts, or approximately 18 million acres, offshore Texas. Forty-seven companies participated, submitting 358 bids on 282 tracts. The total of all bids received was $369,496,840. MMS Director Randall Luthi observed that “the success of this lease sale once again demonstrates industry’s commitment and interest in the Gulf.
By Anna Knull : In Cedyco Corp. v. Petroquest Energy LLC , No. 05-20493, the Fifth Circuit considered claims for breach of contract and specific performance brought under Texas law and arising from the sale of the working interest in two Louisiana oil wells at auction. The wells were sold under the condition that PetroQuest would not sell or assign the mineral rights without first obtaining the written consent of Exxon, from whom PetroQuest had subleased the interest.
Since Wednesday, August 15, all prices reported in the weekly chart (for both natural gas and crude oil) have decreased as Hurricane Dean failed to have a significant impact on domestic production in the Gulf of Mexico, and temperatures moderated demand. Natural gas volumes in storage continue to increase. Commodity Price or Volumes Change since last % Change Natural Gas Spot (Henry Hub) $5.840/MMBtu DOWN $1.46 20.0% NYMEX (September deliveries) $5.578/MMBtu DOWN $1.286
By Drew Spaniol The Eastern District of Louisiana recently held that the Oil Pollution Liability and Compensation Act (OPA), 33 U.S.C. § 2701 et seq. , does not preclude a plaintiff from bringing state law claims for additional liability or compensation. Isla Corp. v. Sundown Energy, LP , 2007 WL 1240212 ( E.D. La. 4/27/07). The case concerned oil tanks on a drill site owned and operated by Sundown, which were ruptured in Hurricane Katrina.
Speaker: Antoine M. Thompson, Executive Director of the Greater Washington Region Clean Cities Coalition
Diversity, Equity, Justice, and Inclusion (DEJI) policies, programs, and initiatives are critically important as we move forward with public and private sector climate and sustainability goals and plans. Underserved and socially, economically, and racially disadvantaged communities bear the burden of pollution, higher energy costs, limited resources, and limited investments in the clean energy and transportation sectors.
In Haspel & Davis Milling & Planting Co., Ltd. v. Board of Commissioners of the Orleans Levee District , the United States Court of Appeals for the Fifth Circuit reversed a grant of summary judgment in favor of plaintiffs on a takings claim. In 1984, the Louisiana Legislature ordered the Levee Board to return land expropriated to build the Bohemia Spillway to its former owners and to provide them with an accounting of all revenues received from the property.
By Dana Douglas The Louisiana First Circuit Court of Appeal recently held that an operator is not responsible for payment of a non-operator’s royalties and overriding royalties before payout. In Gulf Explorer, LLC v. Clayton WIlliams Energy Inc. , 2007 WL 1651090 (La. App. 1st Cir. 6/8/07), the operator completed a well that was plugged and abandoned without reaching payout.
On June 27, 2007, the Minerals Management Service (MMS) issued its notice advising the public of its intention to prepare an Environmental Assessment (EA) for proposed OCS Lease Sale 206, which is the Central Gulf of Mexico lease sale to be held in March 2008. Notably, the EA will not include approximately 5.8 million acres located in the southeastern part of the Central Planning Area, which was made available for leasing by the Gulf of Mexico Energy Security Act of 2006.
By Robert E. Holden and Monica Derbes Gibson The Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers have released long-awaited guidance addressing jurisdictional determinations under the Clean Water Act (CWA) in the wake of Rapanos v. United States , 126 S. Ct. 2208 (2006). There is general agreement that Rapanos limited the reach of the CWA, but the Court did not articulate a clear standard for determining whether or not a wetland or body of water is covered by the CWA.
Speaker: Laurie Schoeman Director, Climate & Sustainability, Capital
As households and communities across the nation face challenges such as hurricanes, wildfires, drought, extreme heat and cold, and thawing permafrost and flooding, we are increasingly searching for ways to mitigate and prevent climate impacts. During this event, national climate and housing expert Laurie Schoeman will discuss topics including: The two paths for climate action: decarbonization and adaptation.
By Collette Ross The Louisiana legislature has amended Louisiana Revised Statute § 44:104(E) to allow a notice of a mineral lease to be recorded for public records purposes instead of the full lease. Filing a memorandum or extract of a mineral lease was formerly permitted by Louisiana Revised Statute § 9:2721.1, but that section was repealed on July 1, 2006.
The Eastern District of Louisiana recently held that insurance claims for damage to a Gulf of Mexico production facility will not support federal court jurisdiction under the Outer Continental Shelf Lands Act. Accordingly, the district court remanded the case of LLOG Exploration Co. v. Certain Underwriters at Lloyd’s , 2007 WL 854307 (E.D. La. 3/16/07), to state court for lack of federal jurisdiction.
In preparation for hurricane season, which began on June 1, the Minerals Management Service has established a web site that brings together extensive hurricane-related information and resources. The web site is designed to describe and explain improvements instituted since Hurricane Season 2005, when Hurricanes Katrina and Rita cut a destructive path through the Gulf of Mexico, Louisiana and Mississippi.
By Jonathan A. Hunter MMS has issued a proposed notice scheduling Central Gulf of Mexico Lease Sale 205 for October 3, 2007. This will be the first sale in the newly configured Central Gulf of Mexico Planning Area, and is the first Central GOM sale to be held in MMS’ 2007 – 2012 Outer Continental Shelf Oil and Gas Leasing Program. The proposed sale includes approximately 5,000 unleased blocks, covering over 28.5 million acres, and ranging from 3 to 210 miles offshore.
Sustainability impacts every nation, company, and person around the world. So much so that, in 2015, the United Nations (UN) issued a call for action by all countries to work toward sustainable development. In response to this and as part of a global Sustainability at Retail initiative, Shop! worked collaboratively with its global affiliates to address these critical issues in this white paper.
By Jonathan A. Hunter MMS has announced proposed amendments to its deep gas royalty relief regulations under the Energy Policy Act of 2005. The proposed rule, “Royalty Relief – Ultra-Deep Gas Wells on Outer Continental Shelf (OCS) Oil and Gas Leases; Extension of Royalty Relief Provisions to OCS Leases Offshore of Alaska, 1010–AD33,” would extend existing deep gas royalty relief provisions to more OCS leases, provide additional royalty relief for certain wells on OCS leases in the Gulf of Mexico
By Anna Knull: In Hamilton v. Morris Resources, Ltd., the San Antonio Court of Appeals affirmed a decision in favor of holders of oil and gas deeds executed in the 1920s and 1930s over the claims of lessor, holding that, based on the four corners of the conveyances in question, the original deed holders did not intend to convey mineral estates differing in magnitude and duration, and that they had conveyed a mineral interest that did not convert to a fixed royalty interest under a subsequent Cor
By Marie Carlisle: Boldrick v. BTA Oil Producers , No. 11-06-00029-CV, 2007 WL 865811 (Tex. App.—Eastland March 22, 2007). The Eleventh Court of Appeals of Texas recently affirmed a District Court ruling granting summary judgment to BTA Oil Producers (BTA) on the basis that that the joint operating agreement (JOA), which governed the assignment of an overriding royalty interest to Plaintiff/Appellant, specifically provided guidelines for payments owed on an overriding royalty interest created by
By Jana Grauberger: Recently, Amy Myers Jaffe of Rice University’s Baker Institute spoke to the Women’s Energy Network of Houston on the topic of "The Changing Role of National Oil Companies in International Energy Markets." One interesting fact she presented is that, based on the amount of oil and gas reserve holdings, 14 of the top 20 upstream oil and gas companies in the world are national oil companies or newly privatized national oil companies.
By Leta Seletzky : In Seagull Energy E & P, Inc. v. Railroad Comm’n, No. 03-0364, 2007 WL 1299163 (Tex. May 4, 2007), the Texas Supreme Court affirmed a decision by the Austin Court of Appeals upholding the Railroad Commission of Texas’ authority to regulate both drilling and production of commingled oil and/or gas deposits and to treat commingled deposits as one reservoir.
By Jana Grauberger Oil prices of $60/barrel are expanding the industry and providing incentive and opportunities for more small independent "wildcatter" companies. For some interesting statistics concerning exploration trends and a profile of one wildcatter, Cobalt International Energy, see the attached article from the New York Times.
By Jana Grauberger Two recent federal district court decisions have reached differing results in considering the scope of exculpatory clauses in JOA disputes. In PYR Energy Corp. v. Samson Resources Co., 470 F. Supp. 2d 709 (E.D. Tex. 2007), the court found itself bound to follow Fifth Circuit precedent set in Stine v. Marathon Oil Co., 976 F.2d 254 (5th Cir. 1992), which held JOA exculpatory language limiting operator liability to situations of gross negligence of willful misconduct applicable
In Duplantier v. BP Amoco, et al. , the Louisiana Fourth Circuit court of appeal recently issued a ruling on trial court procedure under Act 312 of 2006, La. R.S. 30:29. Click here to view the opinion. Act 312, which became effective June 8, 2006, requires involvement of the Louisiana Department of Natural Resources (DNR) in litigation alleging environmental contamination, including submission of any remediation plan to DNR for approval, and the deposit of remediation funds into the registry
By Dana M. Douglas On April 20, 2007, the Louisiana Department of Natural Resources (“DNR”) issued regulations establishing procedures for agency hearings and the submission and approval of remediation plans under Act 312 of 2006. Act 312, which enacted La. R.S. 30:29, made sweeping changes to the procedures for litigation involving potential environmental damage to oilfield sites, in order to ensure that remediation awards are actually expended on remediation.
As previously reported, the trial court in M. J. Farms v. ExxonMobil held Act 312 of 2006, governing remediation of oilfield sites, to be unconstitutional. T he Louisiana Supreme Court has now held that the plaintiff did not properly raise the issue of constitutionality at the trial court level, and remanded to allow the plaintiff to specifically plead the unconstitutionality of the act.
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