Remove category court-decisions
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Louisiana Operator Slapped by Appellate Court

Energy & the Law

Louisiana’s compulsory pooling scheme seeks to balance the interests of individual landowners and oil and gas operators to promote responsible development of natural resources. These statutes are often litigated, but few disputes result in a reported decision. Author Ethan Wood. But last month, the U.S. The Pen is Mightier.

2017 130
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Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court

The Energy Law Blog

In two companion cases, a panel of the United States Court of Appeals for the Ninth Circuit decided whether a federal district court could properly exercise jurisdiction over climate change suits brought against energy companies by cities and counties in California. In County of San Mateo et al. In City of Oakland et al. BP PLC et al.

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N.C. Water Quality Legislation (2023)

Smith Enviorment

Constitution, the legislature adopts the laws under which state agencies operate, but responsibility for implementing those laws rests with executive branch agencies like DEQ. Aside from the constitutional issue, legislative intervention in a permitting action sets a precedent for direct political intervention in permit decisions.

2023 52
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Fifth Circuit Identifies Potential Conflict with Supreme Court on Jones Act Seaman Test

The Energy Law Blog

3d 550, a three-judge panel of the United States Fifth Circuit Court of Appeal held on August 14, 2020, that seaman status under the Jones Act may apply to an injured welder on a jack-up oil rig adjacent to an inland pier. After his accident, Sanchez sued Enterprise and SmartFab in state court under the Jones Act, 46 U.S.C.

2019 40
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Constitutional Amendments

Smith Enviorment

Two of the proposed amendments could affect environmental and natural resource policy. Historically, laws creating commissions gave the Governor power to appoint all or a majority of the members. The governor argued the laws giving the legislature power to select a majority of commissioners violated the N.C.

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Contra Non Not Applicable: Louisiana Appellate Court Refuses to Find Exception to Running of Prescription

The Energy Law Blog

In doing so, the Fourth Circuit affirmed the judgment of the district court dismissing the conversion claim of the company with prejudice. Bayou Fleet filed suit in Louisiana state court against Bollinger alleging wrongful conversion of the boom. The court first analyzed the “education and intelligence” of the plaintiff’s two owners.

2007 40
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Louisiana First Circuit Finds Appellate Jurisdiction Lacking, Declines to Address Merits of Appeal Involving Claims Related to Deepwater Horizon Response Operations

The Energy Law Blog

Louisiana First Circuit Court of Appeal again finds that it lacked jurisdiction over an appeal taken from a partial judgment that was not designated as final pursuant to Article 1915(B) of the Louisiana Code of Civil Procedure In Constantin Land Trust v. BP America Prod.

Law 40