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

2008 40

2008 40

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

54

54

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.

40

40

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.

Sea Level 40

Sea Level Fossil Fuels 40

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.

2024

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

2009 40

2009 40

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.

40

40

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

2009 40

2009 Natural Resources Government 40

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.

40

40

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.

2009 40

2009 40

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.

Law 40

Law 40

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.

Clean Energy

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

Regulations 40

Regulations Conservation Government 40

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

Natural Gas 40

Natural Gas 2009 Regulations Technology 40

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.

2005 40

2005 2002 Conservation Law 40

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

2007 40

2007 2009 2008 40

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.

2022

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.

2008 40

2008 40

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

40

40

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.

40

40

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

Regulations 40

Regulations 40

Advertisement

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.

Sustainable Development

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.

2007 40

2007 2009 2012 40

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.

2009 40

2009 40

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.

2009 40

2009 2007 Politics Natural Resources 40

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.

2009 40

2009 Natural Gas Natural Resources 40

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.

Natural Resources 40

Natural Resources Waste Law 40

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.

40

40

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

2004 40

2004 Natural Gas 40

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.

Fossil Fuels 40

Fossil Fuels 2009 2011 Renewable Energy 40

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

2009 40

2009 40

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

2009 40

2009 Government 40

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.

40

40

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.

2007 40

2007 2008 Natural Resources 40

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.

2009 40

2009 Renewable Energy Law 40

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.

Law 40

Law Natural Gas Government Natural Resources 40

The Energy Law Blog

FEBRUARY 17, 2009

By Sarah Steward-Lindsey In Flint Hill Resources, LP v. JAG Energy, Inc., No. 08-20152, F.3d , 2009 WL 336129 (5th Cir. Feb. 12, 2009), a panel of the United State Court of Appeals for the Fifth Circuit heard an action arising from a contract to supply natural gas condensate in south Texas. Flint Hills, a crude oil refiner, agreed to purchase Mexican condensate from JAG.

2009 40

2009 2006 Natural Gas 40