October, 2009

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Louisiana Supreme Court Holds that Act 136 of the Mineral Code is Inapplicable to Remediation Suits

The Energy Law Blog

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.

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Fifth Circuit Holds that Individual Citizens Have Standing to Sue Energy Companies for Global Warming

The Energy Law Blog

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.

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Fifth Circuit Royalty Decision Stands — Supreme Court Denies Cert

The Energy Law Blog

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

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