A proposed rule from the Louisiana Department of Natural Resources regarding the venting and flaring of natural gas is making its way through the rulemaking process.
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EPA and Army Corps Release New WOTUS Rule
EPA and the Army Corps published their new regulatory definition of “Waters of the United States” (WOTUS) today in response to the Supreme Court’s landmark Sackett decision from earlier this year. While the rule clearly narrows the scope of federally regulated wetlands, ambiguity remains as to certain types of wetlands.
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First-Ever Gulf of Mexico Wind Auction Results in Only 1 Wind Lease Offshore Louisiana. What Happens Next?
BOEM’s GOM wind lease sale earlier this week resulted in just 1 high bid of $5.6 million. A drop in the bucket compared to last year’s California wind lease sale which received five winning bids ranging from $130-$173.8 million and totaling $757.1 million. Now what? Find out here on Liskow’s Energy Law Blog.
Continue Reading First-Ever Gulf of Mexico Wind Auction Results in Only 1 Wind Lease Offshore Louisiana. What Happens Next?
EJ Evolution: Proposed NEPA Regulations Spotlight Environmental Justice
The Council on Environmental Quality’s recent proposed revisions to NEPA regulations would explicitly include environmental justice in the NEPA process and codify a definition for the term. This proposal signals an upcoming first, a fixed place for EJ in federal law.
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One Man’s Waste is Another Man’s Treasure: Texas Appellate Court Holds that Produced Water Belongs to Mineral Owners
Recent technology has made produced water—a byproduct of fracing that was traditionally considered waste—a valuable product. However, no legal guidance existed on whether produced water was owned by mineral owners or surface owners. The Texas Legislature resolved some of that uncertainty by passing Texas Natural Resources Code § 122.002 on September 1, 2019, which generally grants title to produced water to whoever takes possession of it for the purpose of treating it for subsequent beneficial use. However, this statute only governs parties to instruments executed after September 1, 2019, which left parties to instruments executed prior to that date uncertain on whether they owned the produced water extracted from their property. The El Paso Court of Appeals undertook to resolve this conflict in Cactus Water Services, LLC v. COG Operating, LLC, and on July 28, 2023, it held that when instruments convey “oil and gas” or “oil, gas and hydrocarbons” to mineral owners without specifically reserving title to produced water or oil and gas waste, mineral owners have the sole right to produced water extracted from their property.
Continue Reading One Man’s Waste is Another Man’s Treasure: Texas Appellate Court Holds that Produced Water Belongs to Mineral Owners
E-Discovery Update: Louisiana Third Circuit Affirms Defendant’s Authority to Govern Its Own E-Discovery Protocols
The Louisiana Third Circuit recently affirmed a trial court discovery ruling that allowed the defendant to design its own e-discovery protocol without input from plaintiffs. In doing so, the Third Circuit bolstered the longstanding principle that trial courts have considerable discretion over discovery issues.
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Louisiana State Mineral Board to Consider Retaining Third Party Counsel to Pursue Underpayment of Royalty Claims Associated with Natural Gas Production on State Lands and Waterbottoms
Louisiana State Mineral and Energy Board to Consider Retaining Outside Counsel to Pursue Claims Against Louisiana Mineral Lessees and Well Operators for Failure to Correctly or Timely Pay Royalties.
Continue Reading Louisiana State Mineral Board to Consider Retaining Third Party Counsel to Pursue Underpayment of Royalty Claims Associated with Natural Gas Production on State Lands and Waterbottoms
Dismissal of Louisiana’s Challenge to TED Requirement for Shrimping Vessels in State Waters Affirmed
Louisiana shrimpers will need to comply with the NMFS rule requiring TED devices on skimmers 40 feet or greater in length. The rule went into effect in Louisiana waters on February 1, 2022, after a court granted a six-month preliminary injunction and while the state of Louisiana’s challenge to the rule was pending. The Fifth Circuit recently affirmed that the state of Louisiana does not have standing to challenge this TED rule and dismissed the suit.
Continue Reading Dismissal of Louisiana’s Challenge to TED Requirement for Shrimping Vessels in State Waters Affirmed
Latest Version of Louisiana Property Protection Bill Grants an Exception to Oil and Gas Investment By Companies Controlled By Countries Deemed a “Foreign Adversary”
Recent legislation aimed at blocking future acquisition of immovable property in Louisiana by companies controlled by foreign adversaries includes an exception for such companies who have already conducted oil and gas operations in the state. Currently, the bill has passed both the Louisiana House and Senate and awaits the vote of Governor John Bel Edwards before becoming law.
Continue Reading Latest Version of Louisiana Property Protection Bill Grants an Exception to Oil and Gas Investment By Companies Controlled By Countries Deemed a “Foreign Adversary”
EJ Evolution: EPA Closes Title VI Investigations into LDEQ and LDH
EPA administratively closed its Title VI investigations into whether LDEQ and LDH engaged in racial discrimination when issuing approvals for two Louisiana facilities. To find out more about how this impacts environmental justice considerations in Louisiana, read it on the Energy Law Blog.
Continue Reading EJ Evolution: EPA Closes Title VI Investigations into LDEQ and LDH