U.S. Fifth Circuit Affirms Dismissal of Levee Board’s Lawsuit Against 97 Oil and Gas Companies

1232px-053107-5thCircuit

Today, the United States Court of Appeals for the Fifth Circuit affirmed the Eastern District’s exercise of jurisdiction and dismissal on the merits of a headline-grabbing environmental law tort suit against 97 oil and gas companies, seeking to hold those entities responsible for Louisiana’s coastal erosion. Continue Reading

NASA Provides Backdrop for 13th Annual Black History Month Program at Liskow & Lewis

Katherine Michelle Sanders and Dr. Renee Horton

The Oscar-nominated motion picture Hidden Figures shed light on the little-known story of Katherine Johnson, former NASA mathematician and Presidential Medal of Freedom Recipient. As we paused for our formal observation of Black History Month, the firm was honored by the presence of Ms. Johnson’s granddaughter, Ms. Katherine Michelle Sanders. Continue Reading

Derivatives: Non-Cleared Swaps Variation Margin Update – Limited Relaxed Enforcement by the CFTC, Prudential Regulators and European Supervisory Authorities

Recently, the U.S. Commodity Futures Trading Commission (“CFTC”), the U.S. Prudential Regulators[1] and the European Supervisory Authorities (“ESAs”)[2] have offered limited relief from or guidance for relaxed enforcement of variation margin requirements for non-cleared swaps that take effect March 1, 2017.  This news follows reports that, despite all efforts, market participants are facing continued legal and operational challenges in implementing the requisite steps for timely compliance with the new margin regimes.  Still international regulators remain committed to moving non-cleared OTC derivatives to a collateralised model. Continue Reading

Oregon Federal Court Issues Remarkable Decision Finding Constitutional Right to Stable Climate

Photo of a blue sky with white, fluffy clouds

On November 10, 2016, Judge Ann Aiken, a federal district judge in Oregon, issued a remarkable environmental law decision in which she found that a climate system “capable of sustaining human life” is a fundamental constitutional right.[1] Juliana v. United States challenges the constitutionality of the United States’ decades-long policy on climate change.[2] The plaintiffs, a group of 21 children and young adults, sued the United States and various government officials[3] alleging that they have known for more than five decades “that the carbon dioxide produced by burning fossil fuels was destabilizing the climate system in a way that would ‘significantly endanger plaintiffs, with the damage persisting for millennia.’”[4] According to the plaintiffs, the defendants have failed to take necessary action to curtail fossil fuel emissions, and the government and its agencies “have taken action or failed to take action that has resulted in increased carbon pollution through fossil fuel extraction, production, consumption, transportation, and exportation.”[5]

Continue Reading

Senator John Kennedy’s Letter to President Donald Trump: A First Step in Reviving the Oil & Gas Industry in Louisiana

Photo of an oil rig in the Gulf of Mexico, of the coast of Louisiana

In December of 2016, Republican John Kennedy won the United States Senate runoff election in Louisiana. On the campaign trail, Senator Kennedy promised to do his part in strengthening the declining oil and gas industry in Louisiana by easing restrictions imposed by the Obama Administration and fighting to bring back old jobs and create new ones in the energy sector. Now that President Donald Trump has taken office and Republicans control the United States House and Senate, Senator Kennedy has taken action.

Continue Reading

Louisiana Third Circuit Addresses Payment of Royalties in Situations Involving Production Under a Mineral Lease Pursuant to a Conditional Allowable Prior to Unitization

In Gladney v. Anglo-Dutch Energy, L.L.C., the Third Circuit addressed the question of whether or not a mineral lessee must pay its lessor full lease-basis royalties for production undertaken during the effective period of a conditional allowable but prior to the effective date of a unit order.[1] In the case, the Plaintiffs granted a mineral lease to the Defendant-Lessee that provided for a 1/5 royalty in 2009. Continue Reading

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

Dee

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

LexBlog