Energy & Natural Resources

We are now seeing the Louisiana legislature address some of these uncertainties head on with Senate Bill 285, which was filed on March 1, 2024 by Louisiana senator Stewart Cathey, Jr. Namely, SB285 would grant authority to the Office of Conservation to establish units for brine production. Furthermore, the proposed legislation would revise the Mineral Code to expressly include brine among the substances to which the Mineral Code applies.
Continue Reading Proposed Brine Legislation May Pave the Way for Louisiana Lithium Projects

The United States Court of Appeals for the Fifth Circuit recently certified a question to the Texas Supreme Court asking what effect a free-use clause and an off-lease clause have on a royalty clause valuing royalties at the well. At issue was whether gas used as fuel off the leased premises could be deducted from royalties when the royalties were to be valued at the well under an oil and gas lease containing an off-lease clause and a free-use clause. Texas Supreme Court precedent provides that when a lease states that royalties must be valued on the gross proceeds received by lessees, free-use clauses do not allow for gas used as fuel off the leased premises to be deducted, but it is not clear on whether that same rationale would apply when royalties are valued at the well. Given that uncertainty, the Fifth Circuit could not confidently make an Erie guess on the issue and instead opted to certify the question to the Texas Supreme Court.
Continue Reading At the Well vs. Off the Lease: The Fifth Circuit Asks the Texas Supreme Court to Determine Whether Off-Lease Fuel May be Deducted from Royalties Valued at the Well

LDEQ issued regulations implementing Louisiana’s first-ever voluntary environmental self-audit program. The regulations provide for the reduction or elimination of civil penalties for certain violations disclosed to LDEQ as the result of a voluntary environmental self-audit. Read more about the regulations here.
Continue Reading LDEQ Releases Louisiana’s First-Ever Voluntary Environmental Self-Audit Program

On February 9, 2024, the Department of the Interior (DOI) published its semi-annual regulatory agenda, which includes two new planned rulemakings affecting federal offshore leases.
Continue Reading DOI Regulatory Agenda Includes BSEE Rulemakings on Decommissioning and Bonding for Civil Penalty Appeals

A Louisiana federal court recently blocked EPA and DOJ from enforcing Title VI against the State of Louisiana to require disparate and cumulative impact analyses under federal environmental justice (EJ) policies for its state permitting. Read more about this decision and its ramifications here.
Continue Reading EJ Evolution: Court Enjoins EPA from Imposing Disparate Impact Requirements via Title VI in Louisiana Permitting

In the recent First Circuit Court of Appeal decision reinstating the Formosa facility permits, the court clarified that consideration of environmental justice is included in the Louisiana Public Trust Doctrine. To learn more about how this opinion may affect permit challenges and permit requirements, read more here.
Continue Reading Louisiana Appeals Court Finds Environmental Justice Is Part of the Louisiana Public Trust Duty

The 2nd Annual Tulane Offshore Wind Conference capped off Louisiana Offshore Wind Week on Friday, January 19th. The conference included panels of offshore wind energy professionals discussing topics including leasing, permitting, financing, and the supply chain for US offshore wind energy.
Continue Reading Tulane Offshore Wind Conference Highlights Next Steps in GOM Offshore Wind Development

In the Fifth Circuit’s first application of Sackett v. EPA, the court ends a ten-year conflict regarding federal Clean Water Act jurisdiction over a Louisiana property, holding that under the new Supreme Court standard no WOTUS exist on the property.
Continue Reading Fifth Circuit Applies U.S. Supreme Court’s Sackett Decision to End Long-Standing WOTUS Dispute

At long last, the State of Louisiana’s request to take over primary enforcement authority for the permitting of Class VI injection wells has been approved. What does this mean for CCS in Louisiana?
Continue Reading Louisiana Granted Primacy Over Class VI Injection Wells

EPA issued draft guidance revising its Technical Guidance for Assessing Environmental Justice in Regulatory Analysis. The proposed revisions incorporate portions of Executive Order 14096, and they align with the federal government’s push to enhance community involvement, to assess cumulative impacts, and put EJ issues front and center in agency decision-making. Read more about the proposed changes here. #environmentaljustice
Continue Reading EJ Evolution: EPA Issues Draft Revision of Technical Guidance for Assessing Environmental Justice in Regulatory Analysis