Timeline: The evolution of life
New Scientist
JULY 14, 2009
The story of evolution spans over 3 billion years and shows how microscopic single-celled organisms transformed Earth and gave rise to complex organisms like animals
2009
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Texas Court Holds Produced and Stored Oil Transferrable as Personal Property in Assignment
The Energy Law Blog
NOVEMBER 24, 2009
By Sarah Steward-Lindsey In ERG Resources, LLC v. Merlon Texas, Inc., the First Court of Appeals in Houston held that oil which had been severed and stored in tanks on site was personal property and thus was transferred by an assignment of the oil and gas property on which the tanks were located. Merlon agreed to purchase oil and gas property owned by ERG pursuant to an “Assignment and Bill of Sale,” which stated that oil produced before January 1, 2008, and contained in the storage tanks on the
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Louisiana Supreme Court Holds that Act 136 of the Mineral Code is Inapplicable to Remediation Suits
The Energy Law Blog
OCTOBER 23, 2009
By Matt Simone In Broussard v. Hilcorp Energy Co., the Louisiana Supreme Court held that a plaintiff is not required, pursuant to Article 136 of the Louisiana Mineral Code, to provide a defendant with pre-suit written notice and an opportunity to perform prior to a judicial demand for property restoration related to oil and gas production contamination.
Fifth Circuit Holds that Individual Citizens Have Standing to Sue Energy Companies for Global Warming
The Energy Law Blog
OCTOBER 22, 2009
By April Rolen-Ogden In Comer v. Murphy Oil, the Fifth Circuit left open the possibility that the oil and gas industry may be privately sued for alleged contributions to global warming. In this putative class action lawsuit, Plaintiffs claimed that the defendants’ operation of energy, fossil fuels, and chemical industries in the United States contributed to global warming.
How to Drive Cost Savings, Efficiency Gains, and Sustainability Wins with MES
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.
Fifth Circuit Royalty Decision Stands — Supreme Court Denies Cert
The Energy Law Blog
OCTOBER 5, 2009
The United States Supreme Court has denied the Petition for Certiorari filed by the United States Department of the Interior in Kerr-McGee Oil & Gas Corp. v. U.S. Dep’t of the Interior , 554 F.3d 1082 (5th Cir. 2009). The high court’s refusal to consider Interior’s appeal allows the Fifth Circuit’s January 2009 decision to stand. As explained in detail in the attached link ( [link] ), the Fifth Circuit held that the MMS had no authority to insert "price threshold" provisions into thousand
New Permit Requirements for Hydraulic Fracturing of the Haynesville Shale
The Energy Law Blog
SEPTEMBER 29, 2009
By Stephen Weigand The Shreveport Times reports that federal authorities have added additional permit requirements for companies who pump water from the Red River for hydraulic fracturing of the Haynesville Shale. The requirements were added after the U.S. Fish and Wildlife Service raised concerns that the pumping process could be disturbing the habitat of three federally endangered and threatened Red River species.
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White House Wants to End Royalty-in-Kind Program
The Energy Law Blog
SEPTEMBER 17, 2009
by Elisabeth Lorio Baer Interior Secretary Ken Salazar informed Congress on September 17, 2009 that he would kill a controversial program, currently in effect, that allows energy companies to pay the government royalties for drilling on public lands in actual oil and gas in lieu of cash. The announcement was made during testimony to the House Natural Resources Committee which is holding a hearing on a proposal by Chairman Nick Rahall, D-W.V. to revamp the manner in which the nation leases and co
The Tiber Prospect Well: BP Makes Giant Oil Discovery Deep in the Gulf
The Energy Law Blog
SEPTEMBER 4, 2009
By Kerry Murphy On Wednesday September 2, BP drilled the world’s deepest oil well – the Tiber Prospect Well – and discovered a huge pool of crude oil. The Tiber well is located in the western Gulf of Mexico, southwest of New Orleans in U.S. waters. It is expected to rank among the largest petroleum discoveries in the United States, potentially producing as much oil as BP’s Thunder Horse well and half as much as Alaska’s famous North Slope oil field.
Local Louisiana tax assessor files 29 additional lawsuits against “big oil” companies alleging underpayment of millions in ad valorem taxes
The Energy Law Blog
AUGUST 21, 2009
By Emma J. Hinnigan This entry updates an earlier blog entry posted on May 4, 2009, discussing two lawsuits filed by the tax assessor for Terrebonne Parish against Burlington and LL&E for alleged underpayment of property taxes. The attorneys responsible for filing these lawsuits have held true to their promise that the lawsuits would be the first of many.
First Circuit Holds That Common Carrier Cannot Expropriate Private Property to Perform Routine Service and Maintenance on its Ethylene Pipeline
The Energy Law Blog
JULY 28, 2009
By Emma J. Hinnigan In ExxonMobil Pipeline Co. v. Union Pacific Railroad Co., 08-2347 (La. App. 1. Cir. 5/13/09), the First Circuit held that ExxonMobil was not entitled to expropriate land owned by Union Pacific because the expropriation was not for a public purpose. ExxonMobil wanted to build an access road so that it could perform routine service and maintenance on one of its ethylene pipelines.
The Key to Sustainable Energy Optimization: A Data-Driven Approach for Manufacturing
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
Caddo Parish Commissioners Postpone Decision on Oil and Gas Ordinances
The Energy Law Blog
JULY 10, 2009
by Elisabeth Lorio Baer Despite the urging of Caddo Parish property owners to pass regulating ordinances and appeals from the oil and gas industry to leave regulation to other governing bodies, Caddo Parish commissioners decided to postpone the passage of oil and gas ordinances on Thursday. The Caddo Commission has been studying the proposals since February, but has decided to postpone a final vote by the Commission until August pending further discussion with the Commission’s oil and gas commit
States Challenge Attempted Federal Power Grab in Hydraulic Fracturing Issue
The Energy Law Blog
JUNE 18, 2009
By Emma J. Hinnigan On June 10, 2009, the Interstate Oil and Gas Compact Commission (IOGCC) reaffirmed its strong stance that the states remain best positioned to regulate the use of hydraulic fracturing for the production of oil and natural gas. The IOGCC’s response comes on the heels of two bills introduced in the House and the Senate calling for the repeal of the exemption of hydraulic fracturing from the Safe Drinking Water Act (SDWA), which would effectively give the federal government juri
Fifth Circuit remands case regarding lessee’s breach of a settlement agreement
The Energy Law Blog
JUNE 11, 2009
By Jessica Gladney The Fifth Circuit recently reversed the district court’s grant of partial summary judgment in Dore Energy Corp. v. Prospective Investment & Trading Co. Ltd., No. 08-30186 (5th Cir. 5/28/09). The dispute in Dore centers on the interpretation of a 2002 settlement agreement between the parties to certain mineral leases in Cameron Parish.
Fifth Circuit Reverses, Allows Texas to Intervene in Cy Pres
The Energy Law Blog
JUNE 2, 2009
By Marie Carlisle On May 28, 2009, the Fifth Circuit decided In the Matter of: Lease Oil Antitrust Litigation, case no. 08-40230, reversing the District Court’s denial of the State of Texas’ motion to intervene in a matter concerning unclaimed settlement money from the oil antitrust action. The Fifth Circuit found that Texas met the requirements to intervene as it presented a timely motion, demonstrated an interest in the litigation which was direct and substantial and would be impaired without
Implementing D.E.J.I. Strategies in Energy, Environment, and Transportation
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.
Louisiana Fourth Circuit Court of Appeals Affirms Denial of Class Certification in Alleged Chemical Exposure Case
The Energy Law Blog
MAY 20, 2009
By Jessica Gladney In Thomas v. Mobil Oil Corp., No. 2008-0541 (La. App. 4 Cir. 3/31/09), the Fourth Circuit affirmed the trial court’s denial of class certification against the defendants, Exxon Mobil Corporation and Chalmette Refining, L.L.C. The proposed class consisted of approximately 7,000 claimants from Algiers and St. Bernard, and the plaintiffs alleged personal injury and property damages from emissions of petrochemical facilities operated by the defendants over a fourteen-year period.
Local Louisiana tax assessor files suit against oil companies alleging underpayment of millions in ad valorem property taxes
The Energy Law Blog
MAY 14, 2009
"Coastal Parishes v. Big Oil" is the name of the website addressing the lawsuit just filed in federal court against Burlington & LL&E, for property taxes on equipment that is in onshore coastal waters as well as offshore waters within the three mile territorial limit. This lawsuit was filed by the Terrebonne Parish assessor claiming that the "big oil" companies committed fraud on their property tax reporting forms (the "LAT" forms) by (1) using a fraudulently low "replacement-cost-new-le
Louisiana Legislature Considers Bill to Allow State to Pay Attorneys Using Contingency Fee Arrangement
The Energy Law Blog
MAY 8, 2009
By Kelly Becker The Louisiana legislature is currently considering House Bill 758 which would allow the Attorney General to pay up to a twenty-five percent contingency fee to outside attorneys to represent the State in litigation. Several industry groups, including the Louisiana Association of Business and Industry and the Louisiana Oil and Association, oppose the bill on the basis that it would lead to “frivolous” suits and target certain industries within the State.
Drilling Regulations for Haynesville Shale to be Discussed
The Energy Law Blog
MAY 4, 2009
By Jacob Credeur The Caddo Parish Commission is preparing for a public hearing on May 21 where it is set to discuss proposed drilling regulations for operators in the Haynesville Shale. The commission is working on the set of ordinances in committee discussions and is seeking to acquire public input before taking action. The proposed regulations, as they currently stand, would cover everything from dust abatement, vibrations, odors, and noise to use of public water supplies and pipeline installa
Shaping a Resilient Future: Climate Impact on Vulnerable Populations
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.
D.C. Circuit Vacates Interior’s Five-Year Leasing Program
The Energy Law Blog
APRIL 28, 2009
By Jessica Gladney In Center for Biological Diversity v. U.S. Department of the Interior, the United States Court of Appeals for the District of Columbia Circuit issued a ruling on April 17, 2009 vacating the Department of the Interior’s statutorily-mandated five-year offshore oil and gas leasing program for the period 2007-2012. The five-year leasing program included an expansion of lease offerings in the Beaufort, Bering, and Chukchi Seas off the coast of Alaska.
Texas Supreme Court Sends Parties to Arbitration in JOA Dispute
The Energy Law Blog
APRIL 20, 2009
By Natalie Barletta The Texas Supreme Court in, In re Gulf Exploration, LLC , No. 07-0055 (Tex. Apr. 17, 2009), addresses when mandamus relief is available in connection with an order compelling arbitration. In this case, several working interest owners sued Great Western Drilling, their operator, claiming an opportunity to participate in wells drilled by Great Western.
A premises owner can still be a statutory employer in Texas, at least for now
The Energy Law Blog
APRIL 6, 2009
By Andrew Wooley: The Supreme Court of Texas issued a decision on rehearing in Entergy Gulf States, Inc. v. Summers April 3, 2009. The court’s original unanimous decision in August 2007 that a Texas premises owner can be a statutory employer for workers’ compensation purposes produced a great deal of political heat and a flurry of amicus briefs; so much so that the court departed from its normal practice and entertained oral argument on the motion for rehearing.
Haynesville Shale Scores Big Despite Low Gas Prices
The Energy Law Blog
MARCH 31, 2009
By Jacob Credeur A recent article in the Shreveport Times indicates that payouts from the Haynesville Shale formation are leaving even the biggest players surprised. Even though Petrohawk Energy, Chesapeake, and other producers are scaling back production activity nationally because of reduced demand for natural gas, many producers are ramping up their activities in North Louisiana.
Sustainability at Retail
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Texas Supreme Court Decides Miesch Case
The Energy Law Blog
MARCH 30, 2009
By Everard Marseglia : Last Friday, the Supreme Court of Texas issued decisions in two companion cases, No. 05-1076; Exxon Corp., et al. v. Emerald Oil & Gas Co., et al. (“Miesch”), and No. 05-0729; Exxon Corp., et al. v. Emerald Oil & Gas Co. (“Emerald”). Butch Marseglia, counsel in Liskow & Lewis’s Houston office, submitted a brief for the Texas Oil & Gas Association (“TxOGA”) as amicus curiae.
Demand Falls for Offshore Leases; Economy, Policy Shifts Reflected in Bids
The Energy Law Blog
MARCH 23, 2009
By Katie Cambre As reported in the Louisiana Mid-Continent Oil & Gas Association Daily News Summary, a federal auction of drilling tracts in the central Gulf of Mexico drew far fewer bids at much lower prices than during past auctions, and analysts attributed the decline to a poor economy and new energy policies proposed by President Barack Obama.
Texas Court of Appeals Affirms Lease Termination and Rejects Summary Judgment on Adverse Possession Claim
The Energy Law Blog
MARCH 16, 2009
By Marie Carlisle In Sun-Key Oil Co., Inc. v. Ernest Cannon & Moncrief Minerals P’ship, L.P., the Eleventh Court of Appeals in Eastland affirmed the District Court’s judgment granting summary judgment in favor of a lessor’s lease termination claim based on cessation of production and denying Sun-Key Oil Company’s motion for summary judgment on its affirmative defense of adverse possession stating that Sun-Key had failed to present detailed evidence establishing its use of the property and th
U.S. Treasury Secretary Attacks Tax Breaks for Oil & Gas Companies
The Energy Law Blog
MARCH 13, 2009
By Emma Hinnigan U.S. oil and natural gas producing companies should not receive federal subsidies in the form of tax breaks because their businesses contribute to global warming, U.S. Secretary Timothy Geithner said when speaking to Congress on March 4, 2009. Geithner explained, “we don’t believe it makes sense to significantly subsidize the production and use of sources of energy that are dramatically going to add to our climate change.
Interior Considers Appeal of Kerr-McGee Decision
The Energy Law Blog
MARCH 12, 2009
By Jason Johanson On Friday, March 6, 2009, Interior Secretary Ken Salazar stated that the agency is considering an appeal to the United States Supreme Court of the decision in Kerr-McGee Oil & Gas Corp. v. U.S. Department of the Interior , __ F.3d __, 2009 WL57883 (5th Cir. Jan. 12, 2009), in which the Fifth Circuit held that Interior had violated Section 304 of the Deep Water Royalty Relief Act by imposing "price threshold" requirements that reduce a lessee’s royalty suspension volume belo
Elections to Participate in Proposed Operations are Non-Revocable
The Energy Law Blog
MARCH 2, 2009
By Kevin Connolly On an issue of apparent national first impression, the Houston Court of Appeals, in XTO Energy Inc. v. Smith Production Inc., 14-07-0069-CV, 2009 WL 442003 at *1 (Tex. App.—Houston [14th] 2009, no pet. h.), held that once a party to a Joint Operating Agreement (“JOA”) timely and properly provides notice to a proposing party as to whether it elects to participate in the cost of a proposed operation, then that party may not change its election, even if it seeks to do so within th
Location Matters in Purchasing Real Property
The Energy Law Blog
MARCH 2, 2009
By Natalie Barletta In Retamco Operating, Inc. v. Republic Drilling Co., the Texas Supreme Court holds that Republic Drilling, a California company, established minimum contacts with Texas by acting as the transferee of certain oil and gas interests. Retamco Operating sued Paradigm Oil in a Texas district court over unpaid oil and gas royalties. The trial court entered a $16 million default judgment against Paradigm.
Louisiana Third Circuit Holds Land Damages Cases Improperly Cumulated
The Energy Law Blog
FEBRUARY 20, 2009
By Jessica Gladney In Broussard v. Hilcorp Energy Corp., 08-233, 2008 WL 5158887 (La. App. 3 Cir. 12/10/08) the plainiffs owned five separate and incongruous tracts of land located in three sections in Vermilion Parish, Louisiana. Mineral, surface, and subsurface leases on the various properties have been granted to seven separate entities for oil and gas operations on the property.
Energy Incentives Included in Stimulus Package
The Energy Law Blog
FEBRUARY 18, 2009
The American Recovery & Reinvestment Act of 2009, signed into law yesterday by President Obama, includes several key provisions for the energy industry including $20 billion in tax incentives and $30 billion in spending for certain renewable energy plans.
Proposed Oil and Gas Laws for Northern Louisiana May Be Ready Soon
The Energy Law Blog
FEBRUARY 18, 2009
Shreveport and Bossier City as well as Caddo and Bossier parishes have been working on a comprehensive set of ordinances to give local governments leverage in controlling drilling in the Haynesville Shale natural gas field. Most of this oversight now lies with the state. Attorneys have been working on the proposed drafts since November and once the proposals are in the hands of elected officials, residents will be able to have access to them.
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