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On May 25, 2023, the Nation’s first U.S.-built offshore wind substation departed from a Texas fabrication facility for the South Fork Wind Farm in federal waters on the New York outer continental shelf. This marks the start of Jones Act compliant offshore wind support vessels being manufactured domestically, including the first-ever U.S. flagged wind turbine installation vessel (“WTIV”) and offshore wind service operations vessel (“SOV”), both of which are currently under construction in Texas and Louisiana, respectively.
Continue Reading MADE IN AMERICA: U.S.-Built Offshore Wind Substation and Support Vessels Start to Set Sail for Federal Waters

On June 16, the Texas Supreme Court considered the award of noneconomic damages in the amount of just over $15 million in a wrongful death case arising from a trucking accident. In a plurality opinion, the Court reversed and remanded for a new trial, holding that the jury’s discretion to make an award is limited and that noneconomic damages must be supported by evidence of the nature, duration, and severity of the injury to support both the existence and the amount of compensable loss. Additionally, the Court held that unsubstantiated arguments to the jury, such as comparisons of mental anguish to the cost of a fighter jet, a work of art, or miles driven by a defendant’s vehicles, are improper.
Continue Reading “Juries cannot simply pick a number and put it in the blank.” – Texas Supreme Court Remands Case Involving $15 Million Jury Award for Noneconomic Damages Where Award was Unsupported and Arguments to the Jury Unsubstantiated

In Freeport-McMoRan Oil & Gas LLC v. 1776 Energy Partners, LLC, — S.W.3d —, No. 22-0095, 2023 WL 3556695 (Tex. 2023), the Texas Supreme Court held that, as a matter of law, the operator of a joint operating agreement, Ovintiv, did not owe interest on production payments owed to the non-operator, 1776 Energy, that…

The pursuit of alternative energy sources has become increasingly important in our quest for a sustainable future. Lithium, a key component in rechargeable batteries, has emerged as a vital element for powering electric vehicles and storing renewable energy. The rising demand for lithium, combined with Federal tax credits for lithium production, has intensified lithium exploration…

In Point Energy Partners Permian, LLC v. MRC Permian Company, — S.W.3d —, No. 21-0461, 2023 WL 3028100 (Tex. 2023), the Texas Supreme Court held that the lessee could not invoke a force majeure clause to save its oil and gas leases when it inadvertently scheduled its operations to begin after the requisite deadline.…

On August 20, 2018, Noble House’s yacht lost its port-side rudder while entering a channel in the Bahamas. The following day, Noble House advised Underwriters at Lloyd’s, its insurer, of the casualty, whose policy allegedly covered the claim. Noble House purchased the policy from Underwriters by way of a Texas-based insurance broker in February 2018.

The Texas Supreme Court recently released its opinion in Devon Energy Production Company, L.P. v. Sheppard, — S.W.3d —, No. 20-0904, 2023 WL 2438927 (Tex. 2023), in which it held that lessees owed royalties in excess of their gross proceeds, specifically “adding back” costs incurred by third-party buyers that were enumerated in the sales…

The Texas Supreme Court recently released its opinion in Van Dyke v. Navigators Grp., No. 21-0146, 2023 WL 2053175 (Tex. Feb. 17, 2023), in which it re-affirmed the axiomatic principle that a text retains the same meaning in the present day as when it was drafted.  In the context of antiquated oil and gas…

In a recent decision following a six-day bench trial, the Southern District of Texas ruled that shipping giant Maersk was not liable for the death of City of Kemah Police Chief Christopher Reed, who was knocked overboard when his boat caught the wake of the Maersk Idaho in the Houston Ship Channel.[1] Mr. Reed’s…

In response to multiple requests from stakeholders and interested parties during the third Gulf of Mexico (GOM) Intergovernmental Renewable Energy Task Force meeting, the Bureau of Ocean Energy Management agreed to extend the public comment periods for the two potential wind energy areas (WEAs) and the draft Environmental Assessment (EA). Both 30-day comment periods…