As we hit the halfway point of 2024, Louisiana is poised for significant legislative changes impacting civil procedure and litigation, energy, government, and insurance, among other sectors.
Continue Reading Louisiana’s Legislative Landscape: What’s New in 2024
On Friday, June 28, 2024, the United States Supreme Court overturned the Chevron doctrine in Loper Bright Enterprises v. Raimondo, 603 U.S. __ (2024), ushering in a new era of judicial review of agency action.
Continue Reading SCOTUS Dials Back Chevron Deference in Loper Bright Opinion
In March 2024, the Environmental Protection Agency (“EPA”) issued its final rule amending its Risk Management Program regulations (also referred to as, “Part 68”). These amended regulations went into effect on May 10, 2024.
Continue Reading EPA’s New Risk Management Program Regulations Impose New Requirements Including Additional Analyses for Process Hazards
On June 17, 2024, the States of Texas, Louisiana and Mississippi, and four oil and gas trade associations sued the Department of Interior (“DOI”) and its Bureau of Ocean Energy Management (“BOEM”) in the U.S. District Court for the Western District of Louisiana, State of Louisiana, et al. v. Haaland, et al., No. 2:2024-cv-00820, challenging BOEM’s new final rule entitled Risk Management and Financial Assurance for OCS Lease and Grant Obligations, 89 Fed. Reg. 31544 (Apr. 24, 2024) (the “Final Rule”).
Continue Reading Texas, Louisiana, and Mississippi Band Together to Stop BOEM’s New $6.9B Financial Assurance Rule
On May 17, 2024, the Texas Supreme Court held that when a lease requires royalties to be paid on all gas sold or used off the premises, but the valuation point for said royalties is “at the well,” gas used off premises as fuel is deductible as a matter of law.
Continue Reading Texas Supreme Court Determines That Off-Lease Fuel is Deductible from Royalties Valued at the Well
The Louisiana Legislative 2024 Regular Session has officially come to a close and five Carbon Capture & Storage (CCS) bills were passed.
Continue Reading Louisiana Caps Legislative Session with Landmark Carbon Capture Legislation
On May 23, 2024, Louisiana Governor Jeff Landry signed into law the Community Air Monitoring Reliability Act (“the Act” or “CAMRA”). This Act sets standards for community air monitoring programs to ensure that the data collected from such programs provides the public accurate air quality information.
Continue Reading Louisiana Enacts Community Air Monitoring Reliability Act, Establishing Uniformity for Monitoring and Parameters for Data Use
On May 31, the Louisiana Legislature passed HB 492 expressly providing that a pipeline company has authority to expropriate property rights for pipelines transporting carbon dioxide for Carbon Capture & Storage (CCS) projects.
Continue Reading Transforming and Transporting: Louisiana Legislature Amends Law to Allow Pipeline Transporters Expropriation Authority for CCS Projects
On May 21, 2024, a group of 20 states, including Louisiana and Texas, filed an action in North Dakota district court challenging the Council on Environmental Quality’s (“CEQ”) finalized amendments to its National Environmental Policy Act (“NEPA”) regulations, arguing that the rule seeks expanded environmental review without statutory authority.
Continue Reading Louisiana and Texas Challenge CEQ’s Finalized NEPA Amendments
The availability of excess remediation damages, which are damages for additional remediation beyond state regulatory standards that can be pocketed by landowners instead of deposited with the court, has been a hotly contested issue in Louisiana legacy cases involving oilfield remediation claims governed by Act 312 (La. R.S. 30:29).
Continue Reading Liskow Secures Success at the Louisiana First Circuit Court of Appeal in Legacy Case Involving Excess Remediation Claims Under Act 312