In a unanimous decision, a three-judge panel of the Louisiana Third Circuit Appeal affirmed the authority of the Louisiana Tax Commission to correct property tax assessments of #pipelines when a local assessor uses values that are too high or do not reflect fair market value. Cheryl Kornick represented the taxpayer in this matter.
Continue Reading Louisiana Third Circuit Affirms Authority of Tax Commission to Correct Pipeline Property Tax Assessments
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 U.S. Supreme Court decision in Sackett v. EPA, No. 21-454 (May 25, 2023) is a landmark ruling in environmental law interpreting the scope of water bodies covered by the Clean Water Act (CWA) – an issue that has been debated by courts, presidential administrations, and federal agencies for decades. The Court’s ruling holds
On May 17, 2023, the United States District Court for the District of Massachusetts dismissed plaintiffs’ challenges to the Vineyard Wind Project—the United States’s first major offshore wind project. The plaintiffs, nearby residents, challenged the Bureau of Ocean Energy Management’s (“BOEM”) final Environmental Impact Statement and the National Marine Fisheries Service’s (“NMFS”) Biological Opinion related
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 Friday, March 31, 2023, Representative Larry Bagley of Louisiana’s District 7 proposed amendments to Louisiana Revised Statutes § 30:10. The bill, HB 590, extends a prior substantive change in the law that was affected by the 2012 amendments to La. R.S. 30:10. In the 2012 amendment, operators of force-pooled drilling units were required
The Louisiana Legislature’s 2023 Regular Session begins on April 10th, and last Friday, Louisiana Senator Allain of District 21 filed SB 154 proposing to enact a statutory framework directly governing the rights and obligations of parties to renewable energy leases.
The bill defines a “renewable energy lease” as a lease entered into for the purpose
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