Sat.Apr 23, 2016 - Fri.Apr 29, 2016

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“Production in Paying Quantities”: Louisiana Appellate Court Decides When and What Should be Considered in Determination

The Energy Law Blog

The Louisiana Second Circuit Court of Appeal, in Middleton, et al. v. EP Energy E&P Company, L.P., et al., concluded that, in considering whether mineral leases terminated for failure to produce in paying quantities, a fact finder may consider periods of production years prior to filing suit, but must consider all factors which would influence a reasonably prudent operator to continue production, and at the summary judgment stage, cannot simply emphasize certain relevant evidence and disrega

Law 40
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Louisiana Appellate Court Unanimously Dismisses Cross-Appeals in Legacy Case

The Energy Law Blog

Louisiana appellate court unanimously dismisses cross-appeals in legacy case, finding that the trial court improperly designated partial summary judgment rulings as final under Article 1915 of the Louisiana Code of Civil Procedure. In Spanish Lake Restoration, LLC v. Shell Oil Company, et al. , the Louisiana First Circuit Court of Appeal recently dismissed cross-appeals taken in a legacy case.

2004 40
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Sixth Circuit Will Not Rehear Venue Question in Clean Water Act Rule Dispute

The Energy Law Blog

On April 21, 2016 the United States Court of Appeals for the Sixth Circuit denied several petitions for rehearing en banc a Sixth Circuit panel decision that looked at which courts (federal district court or federal courts of appeal) have original jurisdiction to hear challenges to the EPA’s Clean Water Rule. This recent ruling leaves in place the Sixth Circuit panel ruling holding that jurisdiction lies at the appeals court level.