7 Takeaways from the Maritime Investigations Presentation at This Year’s Work Boat Show in New Orleans

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It is Work Boat Show time in New Orleans, and yesterday featured a great presentation on marine investigations.  Any maritime lawyer worth her salt will tell you that the best part of the practice is getting that 0200 client call about a casualty, donning your protective gear, and racing to the ship.  No other legal practice offers the opportunity to regularly perform the equivalent of emergency room medicine like maritime law.  Not only is the practice exciting, but there is a great feeling that comes from knowing that your client trusts you enough to rely on you in such a high-stakes situation. Continue Reading

FERC Rejects Sierra Club’s Request for Rehearing and Green Lights $3.5B LNG Export Facility in Lake Charles, Louisiana

On November 23, 2016, the Federal Energy Regulatory Commission (FERC) confirmed its authorization of the construction of a $3.5 billion liquefied natural gas (LNG) export facility in Lake Charles, Louisiana and rejected the Sierra Club’s request for rehearing on the matter.

In an April 15, 2016 Order, FERC authorized Magnolia LNG, LLC to site, construct, and operate a new LNG terminal and liquefaction facility in Lake Charles, Louisiana designed to export 8 million metric tons of domestically-produced natural gas per annum, with a capacity equivalent to pipeline receipts of up to 1.4 billion standard cubic feet per day (Magnolia LNG Project).  Continue Reading

EPA Publishes Proposed Renewables Enhancement and Growth Support Rule

On November 11, 2016, the EPA published a proposed rule designed to update its Renewable Fuel Standards Program and support the growth of renewable fuel use. With the stated goal of removing barriers to production and distribution of renewable fuels, the proposed rule has three main components:

(1) Updated Regulatory Structure to Address Biofuel Processing at Multiple Facilities – In some circumstances, biofuel producers can decrease the costs of production by processing feedstock at one facility and converting that material—called a biointermediary—into a biofuel at another facility. Continue Reading

Fifth Circuit Limits Effect of Collateral Source Rule Under General Maritime Law

In DePerrodil v. Bozovic Marine, Inc., No. 16-30009, 2016 WL 6810728, at *1 (5th Cir. Nov. 17, 2016), a panel of the United States Court of Appeals for the Fifth Circuit recently limited the effect of the collateral source rule in a maritime employee’s personal injury action against a non-employer.  DePerrodil held that the collateral source rule allows a plaintiff, in a maritime personal injury action against a third party, to recover only the amount of medical expenses paid by the plaintiff’s employer’s Longshore and Harbor Workers’ Compensation Act (“LHWCA”) insurer.  Continue Reading

Expropriated Servitudes: They Aren’t Going Away Anytime Soon

The Third Circuit recently released an unpublished opinion making clear that when a pipeline company expropriates a servitude, the servitude is “perpetual,” and a Court cannot impose a term on that servitude.  The Third Circuit also held that a landowner must prove any damages over and above the fair market value of the property, and cannot award an additional amount simply because the landowner is upset that the property is being expropriated. Continue Reading

THE DISPUTE BETWEEN GOVERNOR JOHN BEL EDWARDS AND ATTORNEY GENERAL JEFF LANDRY OVER THE APPOINTMENT OF PRIVATE LEGAL COUNSEL CONTINUES…

On September 30, 2016, Governor John Bel Edwards sued Attorney General Jeff Landry to compel him to approve several contracts between the Governor’s office and private legal counsel. In his Petition, the Governor alleged that the Attorney General’s role in approving the Governor’s contracts with private legal counsel is a ministerial duty that the Attorney General improperly refused to perform and requested that the Court order the Attorney General to approve the contracts at issue. Continue Reading

New Government Contractor “Blacklisting” Reporting Requirements Put on Hold

Hours before a controversial set of new reporting requirements for government contractors was set to take effect, a federal court in Texas enjoined implementation of the requirements across the country. Continue Reading

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

Sophisticated plaintiffs beware.  In Bayou Fleet, Inc. v. Bollinger Shipyards, Inc., et al., the Louisiana Fourth Circuit Court of Appeal concluded that contra non valentem, a judicially created exception to prescription, did not apply to prevent the running of prescription on a claim for wrongful conversion when the plaintiff company, the owner of a destroyed crane boom, was run by sophisticated businessmen who failed to check up on a more-than-a-million dollar asset more than once a year. Continue Reading

Servitudes: Didn’t They Get the Memo?

The question often arises whether, in Louisiana, a party can file in the public record a “memorandum of servitude” rather than the full servitude.  If the parties do that, any unrecorded provisions may not be binding on third parties. Other states’ laws may provide that recordation of such a memorandum of easement, the common law equivalent of a servitude, suffices to bind third parties to all the provisions in the unrecorded easement. Continue Reading

Louisiana State and Federal Courts Split Over Parties Entitled to Reports Under La. R.S. 30:103.1

La. R.S. 30:103.1 requires operators or producers of oil and gas units created by the Louisiana Commissioner of Conservation to provide reports containing information related to well costs and production to owners of “unleased oil and gas interests” (referred to herein as “103.1 report(s)”). If an operator does not provide the information required under the statute in a manner that is sufficiently detailed after receiving a proper request, the operator or producer “shall forfeit his right to demand contribution from the owner or owners of the unleased oil and gas interests for the costs of the drilling operations of the well” under La. R.S. 30:103.2. Continue Reading

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