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By Carlos J. Moreno : On November 15, 2010, the U.S. Environmental Protection Agency (EPA) issued a memorandum providing States with guidance on how to address ocean acidification in their Clean Water Act 303(d) impairment listings. Section 303(d) of the Clean Water Act requires States to list water bodies that will not meet Water Quality Standards, even after technology-based permit requirements are implemented.
By Carlos J. Moreno On November 8, 2010, the U.S. Environmental Protection Agency (EPA) released its final Subpart W rule to cover petroleum and natural gas facilities under the agency’s Greenhouse Gas (GHG) Reporting Program. The original Subpart W rule for petroleum and natural gas facilities was proposed in March 2010. The industry segments covered by the rule are: offshore petroleum and natural gas production; onshore petroleum and natural gas production; onshore natural gas processing; onsh
By Michael A. Mahone, Jr. On October 19, 2010, the Louisiana Supreme Court issued its opinion in Marin v. Exxon Mobil Corp. , a “legacy” lawsuit involving damage to property located in St. Mary Parish caused by historical oil and gas operations. The 4-3 ruling authored by Justice Victory clarified the law applicable to these lawsuits in a number of significant ways.
By Stephen Wiegand In David v. Mosaic Global Operations, (La. App. 3 Cir. 10/27/10), the Louisiana Third Circuit Court of Appeal reversed the dismissal of land contamination claims brought against the manufacturer of a tick-killing agent used on cattle. The plaintiffs were landowners who alleged that the product had contaminated their land and water with arsenic.
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.
Bennett v. Reynolds, No. 08-0074, 2010 WL 2541096 (Tex. June 25, 2010). By Natalie Barletta and Andrew Wooley In Bennett v. Reynolds the Supreme Court of Texas clarifies that the maximum ratio for exemplary to actual damages in Texas will rarely exceed 4 to 1 and that a defendant’s conduct generally, not just that specifically related to a tort, may be considered in gauging reprehensibility for federal due process purposes.
By Michael A. Mahone, Jr. The United States Court of Appeals for the Fifth Circuit recently dismissed the appeal in Comer v. Murphy Oil USA et al. because of the lack of a quorum. The appeal had been taken from the Southern District of Mississippi and a panel of the Fifth Circuit ruled on the merits. The case was then “voted en banc by a duly constituted quorum of the court consisting of nine members in regular active service who [were] not disqualified.
By Kevin Connolly: In Nitschke v. Circle Ridge Production, Inc. , No. 12-09-00150CV, __ S.W.3d _ (Tex. App.—Tyler 5/5/2010), the Tyler Court of Appeals upheld a trial court’s findings of fact and conclusions of law with respect to the termination of an oil and gas lease for failure to pay shut-in royalty payments to the proper party. The case involved a dispute between the original lessee and a top lessee.
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By Kevin Connolly: In Nitschke v. Circle Ridge Production, Inc. , No. 12-09-00150CV, __ S.W.3d _ (Tex. App.—Tyler 5/5/2010), the Tyler Court of Appeals upheld a trial court’s findings of fact and conclusions of law with respect to the termination of an oil and gas lease for failure to pay shut-in royalty payments to the proper party. The case involved a dispute between the original lessee and a top lessee.
By Robert L. Theriot In EOG Resources Inc. v. Chesapeake Energy Corp., No. 09-30362, __ F.3d __ (5th Cir. 4/29/10) , the Fifth Circuit reinstated EOG’s contractual claim against Chesapeake under the parties’ joint operating agreement (JOA). EOG claimed that Chesapeake had unilaterally drilled three wells in the parties’ pooled mineral leases in Bossier Parish, Louisiana, without first obtaining EOG’s written consent as required by their JOA.
By Michael A. Mahone, Jr. The Louisiana Mineral and Energy Board is currently reviewing an incentive proposal that would offer a “royalty relief incentive” on new drilling leases along the Louisiana coast. Specifically, the proposal would offer royalties for a period of three years for wells drilled to a depth of fifteen thousand feet along the coastal zone.
By Stephen Wiegand EPA recently announced its position regarding the timing of the regulation of greenhouse gases under the Clean Air Act’s Prevention of Significant Deterioration (PSD) Program. A PSD permit is required before a new industrial facility can be built or an existing facility can be modified in a way that significantly increases pollutant emissions.
By Marie Carlisle: The principle issue addressed in Adobe Oilfield Services v. Trilogy Operating, Inc. , No. 11-09-00162-CV (Tex. App.—Eastland January 29, 2010), involves the granting of a temporary injunction to prevent the filing of liens against oil wells. Trilogy entered into contracts with Adobe to drill six wells. Trilogy paid Adobe’s invoices for the first five wells, but was subsequently contacted by PNC Bank claiming a security interest in Adobe’s accounts receivables and a right to th
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
By Natalie Barletta : In Shell Oil Co. v. Ross , No. 01-08-00713-CV (Tex. App.—Houston [1st Dist.] February 25, 2010, no pet. h.), Ross, a mineral interest owner, brought a breach of contract, unjust enrichment, and fraud action against natural gas lessee, Shell. Ross alleged that Shell failed to pay royalties in accordance with the lease agreement and that it fraudulently deprived him of royalties by making payments “based on an arbitrary amount even below the internal transfer pric
By Kelly Becker Federal Judge Ginger Berrigan issued a comprehensive Order and Reasons addressing and granting a series of motions to dismiss filed by oil and gas company defendants, and individual executive officer defendants, all of which were pending in the consolidated federal court Bonvillain Terrebonne Parish ad valorem tax suits. The Court gave Assessor Bonvillain ten days to file amended complaints to cure, if he can, the number of deficiencies pointed out in the opinion.
By Stepehen Wiegand In October 2009, EPA promulgated the Mandatory Reporting of Greenhouse Gases Rule. This rule required reporting of greenhouse gas emissions from a number of large sources including suppliers of fossil fuels or industrial greenhouse gases, manufacturers of vehicles and engines, and certain facilities that emit 25,000 metric tons or more per year of greenhouse gas emissions.
In early 2010, the Louisiana Office of Conservation published in the Louisiana Register a Notice of Intent to amend Statewide Order 29-B, the regulation governing the storage, treatment, and disposal of exploration and production waste at oilfield sites. The proposed amendments provide specific procedures for the evaluation and remediation of groundwater conditions and potential sources that may have contributed to those conditions at oil and gas exploration and production sites.
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.
By Elisabeth Lorio Baer Kivalina, Alaska, an Inupiat Eskimo village of 400 inhabitants perched on a barrier island north of the Arctic Circle, is bringing suit against two dozen fuel and utility companies, including ExxonMobil and Shell Oil, accusing them of helping to cause the climate change that it alleges is accelerating the island’s erosion. The village wants the companies to pay the costs of relocating to the mainland, which could amount to as much as $400 million.
By Emma J. Hinnigan In Sullivan v. Chesapeake Louisiana, L.P., 09-0579, 2009 WL 3735798 (W.D. La. Nov. 6, 2009), the Western District of Louisiana remanded a case seeking rescission of a mineral lease back to state court after the defendant failed to provide proof of the amount in controversy, namely the total value of the lease. The Sullivan plaintiff filed suit in state court seeking rescission, alleging that (1) the bonus payment was paid untimely, and (2) the defendant had violated Louisiana
By Michael A. Mahone, Jr. In U.S. Commodity Futures Trading Commission v. Dizona, the United States Court of Appeals for the Fifth Circuit recently considered allegations by the United States Commodity Futures Trading Commission that a natural gas trader had attempted to manipulate the price of natural gas by knowingly delivering false and inaccurate price and volume data to reporting services.
By Stephen Wiegand On December 15, 2009, EPA published in the Federal Register its final endangerment findings with respect to greenhouse gases. See 74 Fed. Reg. 66496 (Dec. 15, 2009) [[link] This rulemaking is a response to Massachusetts v. EPA, 549 U.S. 497 (2007), in which the Supreme Court held that greenhouse gases were “pollutants” under the Clean Air Act and ordered EPA to determine whether greenhouse gases “may reasonably be anticipated to endanger public health or welfare” under Section
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 Matthew Simone On January 6, 2010, the Secretary of the Interior, Ken Salazar, announced plans to reform the nation’s policy on oil and gas development in an effort to shift from the Bush Administration’s “anywhere, anyhow” policy. The goals of this reform are to improve environmental protection and to reduce costly litigation and protests. Under the reformed policy, the Bureau of Land Management (BLM) will provide more detailed environmental review prior to leasing oil and natural gas resour
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