Archives: Energy

Subscribe to Energy RSS Feed

President Biden Faces Constitutional Challenges to Revocation of Keystone XL Permit

During his first  hours in the Oval Office, President Biden issued Executive Order 13990, entitled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” Section 6 of the Order revoked TransCanada Keystone Pipeline, L.P.’s March 2019 permit to construct and operate cross-border pipeline facilities at the U.S.-Canada border in Montana. This … Continue Reading

Western District Rejects Disgorgement of Profits Claim for Pipeline Trespass

In Mary v. QEP Energy Company, the Western District of Louisiana rejected, for the second time in this case, Plaintiffs’ claims seeking a disgorgement of QEP’s profits.  QEP was the lessee of a mineral lease covering Plaintiffs’ property, but because it wanted to transport off-site gas across their property, QEP also obtained a pipeline servitude … Continue Reading

Future Outlook for Subsurface Trespass Claims Against Third Party Purchasers of Minerals

A recent decision from the Louisiana First Circuit Court of Appeal may have lasting effects on good faith purchasers of oil. In Hill v. TMR Exploration, Inc, 2021 WL 267916, the First Circuit affirmed a district court ruling on summary judgment applying the good faith purchaser defense provision set forth in La. Civ. Code arts. … Continue Reading

Uncertainty About Migratory Bird Treaty Act “Takes”: The Biden Administration Delays the Effective Date of the Final Regulations Governing Take of Migratory Birds

On February 5, 2021, the Fish Wildlife Service (“FWS”), under the Biden administration, announced that it was delaying the effective date of a rule promulgated by the Trump administration regarding “incidental takes” and the Migratory Bird Treaty Act (“MBTA”). On January 7, 2021, the Trump administration published a final rule interpreting the MBTA as not … Continue Reading

Louisiana Climate Initiatives Interim Report Highlights Goals for Developing Actions to Reduce Greenhouse Gas Emissions

Governor Edwards’ Climate Initiatives Task Force published the Louisiana Climate Initiatives Interim Report earlier this month, which outlines the process by which the Task Force plans to develop climate actions to reduce greenhouse gas emissions in Louisiana.… Continue Reading
LexBlog