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Motion to Remand Granted in One Coastal Zone Management Act Case But Federal Appellate Options Remain Viable

By Jonathan J. Fox and Matthew D. Simone on Posted in Energy Litigation, Environmental, Industry News, Litigation, Louisiana Mineral Law, Louisiana Oil & Gas Law, Oil & Gas
On May 28, 2019, United States District Judge Martin Feldman issued a sixty-four page Order and Reasons which granted motions to remand filed by Plaquemines Parish and the State of Louisiana in The Parish of Plaquemines v. Riverwood Production Co., et al.  That case is one of forty-two Coastal Zone Management Act (“CZMA”) cases that … Continue Reading

EPA’s New Audit Program for New Owners of Upstream Oil and Natural Gas Facilities

By Louis Buatt and Lesley Foxhall Pietras on Posted in Energy & Natural Resources, Environmental, Environmental Regulatory
On March 29, 2019, the U.S. Environmental Protection Agency (EPA) announced it had finalized a voluntary disclosure program for new owners of upstream oil and natural gas exploration and production facilities. Under the program, EPA will not impose any civil penalties on new owners of these facilities (which include well sites and associated tanks and … Continue Reading

Alaska District Court Vacates Trump Executive Order On Offshore Leasing

By Stephen Wiegand on Posted in Energy & Natural Resources, Energy Litigation, Environmental, Environmental Regulatory, Exploration and Production, Offshore, Oil & Gas
On March 29, 2019, Alaska Federal District Court Judge Sharon Gleason granted summary judgment in favor of plaintiff environmental groups in League of Conservation Voters v. Trump, 3:17-00101.  The case stems from Executive Orders issued under the Obama Administration in 2015 and 2016 which withdrew certain areas in the Arctic and Atlantic regions from exploration … Continue Reading

City of New Orleans Sues Oil and Gas Companies for Allegedly Damaging Coastal Wetlands

By Katie Seegers Roth on Posted in Energy & Natural Resources, Energy Litigation, Environmental, Exploration and Production, Industry News, Litigation, Louisiana Law, Louisiana Oil & Gas Law, Oil & Gas, Pipeline
On Friday, March 29, 2019, the City of New Orleans filed a lawsuit in Civil District Court against eleven oil and gas companies seeking damages for alleged harm to Louisiana’s coastal wetlands. Introducing its lawsuit with statements that “New Orleans is imperiled” and its “people are in danger,” the City contends that the defendants’ failure … Continue Reading

Louisiana Fifth Circuit Weighs in on Proper Application of Prescription and Contra Non in NORM Litigation

By Erin Bambrick on Posted in Energy & Natural Resources, Environmental, Toxic Tort & Environmental Litigation
In a case sure to be used as a sword by many defendants in the prevalent NORM (naturally occurring radioactive material) litigation in Louisiana and elsewhere, Patricia Lennie, et al. v. Exxon Mobil Corporation, et al., the Louisiana Fifth Circuit Court of Appeal concluded that plaintiffs’ survival and wrongful death actions were prescribed when plaintiffs … Continue Reading

Louisiana’s Third Circuit (Again) Affirms the Applicability of the Subsequent Purchaser Doctrine to Mineral Leases

By Kelly Brechtel Becker, Katie Seegers Roth and Kathryn Zainey Gonski on Posted in Appellate, Contracts, Energy & Natural Resources, Energy Litigation, Environmental, Legacy Litigation, Litigation, Louisiana Law, Louisiana Mineral Law, Louisiana Oil & Gas Law, Oil & Gas, Oil & Gas Contracts, Property Law, Subsequent Purchaser Doctrine
While oil and gas company-defendants—and several courts alike—have deemed the applicability of the subsequent purchaser doctrine to mineral leases a settled issue of law, plaintiff-landowners have continued to argue otherwise.  In a unanimous opinion issued July 18, 2018 in Grace Ranch, LLC v. BP America Production Company, et al., the Third Circuit not only provides … Continue Reading

The Coastal Zone Management Act Litigation Removed to Federal Court (Again)

By Jonathan J. Fox and Dana M. Douglas on Posted in Energy Litigation, Environmental, Industry News, Litigation, Louisiana Mineral Law, Louisiana Oil & Gas Law, Oil & Gas
On or about May 23, 2018, several Defendants in the Coastal Zone Management Act (“CZMA”) Litigation filed Notices of Removal in 42 lawsuits filed against 212 oil and gas companies by six different parishes (Plaquemines, Jefferson, Cameron, Vermilion, St. Bernard, and St. John the Baptist), removing the cases to federal court.  The timing of the … Continue Reading

Third Circuit Issues Long-Awaited Ruling in OPA Liability Case

By Raymond T. Waid on Posted in Appellate, Environmental, Industry News, Litigation, Maritime, Maritime, Oil & Insurance Litigation, Toxic Tort & Environmental Litigation
On March 29, 2018, the United States Court of Appeals for the Third Circuit issued its ruling in In re: Petition of Frescati Shipping Co., Ltd., as Owner of the M/T ATHOS I, Nos. 16-3552, 16-3867 & 16-3868 (3d Cir. Mar. 29, 2018).  ATHOS I had its genesis in a 2004 vessel allision and oil … Continue Reading

The Dusky Gopher Frog is Heading to the United States Supreme Court

By Mark L. McNamara on Posted in Environmental, Litigation, Property Law
In July 2017, Weyerhaeuser Company, a Louisiana landowner and timber lessee, filed a Petition for a writ of certiorari asking the United States Supreme Court to overturn the U.S. Fish and Wildlife Service’s (“FWS”) designation of private land in St. Tammany Parish, Louisiana as “critical habitat” for the endangered dusky gopher frog.  The FWS made … Continue Reading

U.S. Fifth Circuit Affirms $20 Million Judgment Against Barge Owner as Responsible Party Under the Oil Pollution Act of 1990

By Lauren Bridges and David L. Reisman on Posted in Energy Litigation, Environmental, Environmental Regulatory, Industry News, Litigation, Maritime, Maritime, Oil & Insurance, Maritime, Oil & Insurance Business Law, Maritime, Oil & Insurance Litigation, Oil & Gas, Toxic Tort & Environmental Litigation
Case:    United States v. American Commercial Lines, L.L.C., No. 16-31150, ___ F.3d ___ (5th Cir. 11/7/17). Factual Background In July of 2008, nearly 300,000 gallons of oil spilled into the Mississippi River in New Orleans when a tugboat towing an oil-filled barge veered across the river into the path of an ocean-going tanker.  American … Continue Reading

Third Circuit Affirms Trial Court’s Refusal to Adopt DNR’s Most Feasible Plan in Sweet Lake Land & Oil Co. v. Oleum Operating Company

By Kelly Brechtel Becker, Katie Seegers Roth and Jamie D. Rhymes on Posted in Environmental, Exploration and Production, Legacy Litigation, Litigation, Louisiana Mineral Law, Louisiana Oil & Gas Law, Oil & Gas, Regulatory
The Louisiana Legislature passed “Act 312,” La. R.S. 30:29, in 2006 to provide a procedure for ensuring that amounts awarded to remediate environmental damage are actually spent on remediation.  Act 312 sets forth a multi-step scheme that is triggered once a party is found responsible for environmental damage, culminating with Department of Natural Resources (“DNR”) … Continue Reading

Plaintiffs and Defendants Jointly Choose First Cases for Trial in Plaquemines Parish Coastal Zone Management Act Litigation

By Dana M. Douglas and Jonathan J. Fox on Posted in Environmental, Industry News, Litigation, Louisiana Oil & Gas Law, Oil & Gas
The first five Plaquemines Parish Coastal Zone Management Act (“CZMA”) cases to be set for trial have been chosen. The Plaintiffs selected Parish of Plaquemines v. Rozel Operating Company, et al., Parish of Plaquemines v. ConocoPhillips Company, et al., and Parish of Plaquemines v. Hilcorp Energy Company, et al.  The Defendants picked Parish of Plaquemines v. … Continue Reading

The Fifth Circuit Rejects the DOJ’s Attempt to Charge Black Elk Contractors with OCSLA Felonies

By Sean Toomey, Devin C. Reid and Carson Haddow on Posted in Appellate, Criminal, Energy & Natural Resources, Energy Litigation, Environmental, Environmental Business & Transactional, Environmental Regulatory, Exploration and Production, Government Investigations & White Collar Defense, Industry News, Maritime, Offshore, Oil & Gas, Regulatory
In the aftermath of a 2012 platform explosion in the Gulf of Mexico in which three workers were killed, the Department of Justice ultimately indicted the contractors who supervised the work (along with the lease holder, Black Elk Energy Offshore Operations, LLC) with violating the Outer Continental Shelf Land Act (“OCSLA”), a felony carrying a … Continue Reading

Federal Court Finds A Continuing Duty Under Louisiana Law To Prevent The Erosion of Pipeline Canals

By Laura Springer Brown and Kelly Brechtel Becker on Posted in Environmental, Legacy Litigation, Louisiana Oil & Gas Law, Oil & Gas Contracts, Pipeline, Property Law
A recent decision from the Eastern District of Louisiana provides a mixed bag for pipeline companies or others whose operations involve canals.  Significantly, the decision from Judge Milazzo holds that during the existence of a right-of-way/servitude, Louisiana servitude law imposes a continuing duty to prevent canals from expanding and widening over time, unless unambiguous contractual … Continue Reading

Dusky Gopher Frog’s Louisiana Critical Habitat Spawns U.S. Supreme Court Writ

By Court C. VanTassell on Posted in Constitutional, Environmental, Litigation
A group of Louisiana landowners, Weyerhaeuser Company, and the Pacific Legal Foundation filed Petitions for Writs of Certiorari this month asking the U.S. Supreme Court to overturn the U.S. Fish and Wildlife Service’s (USFWS) decision to designate 1,544 acres of private land in St. Tammany Parish, Louisiana as critical habitat for the endangered dusky gopher … Continue Reading

Plaquemines Parish Amends Petition for Damages In Coastal Zone Management Act Litigation

By Dana M. Douglas and Jonathan J. Fox on Posted in Environmental, Litigation, Louisiana Oil & Gas Law, Oil & Gas
The Parish of Plaquemines amended its petitions in two of the Coastal Zone Management Act (“CZMA”) cases on June 19, 2017.  Prior to the amendment of the petitions, Judge Clement sustained Defendants’ Exceptions of Vagueness in the two cases, namely: The Parish of Plaquemines v. Rozel Operating Co., et al. and The Parish of Plaquemines … Continue Reading

U.S. Fifth Circuit Greenlights Contribution Action for Purely Economic Damages Under Oil Pollution Act (OPA)

By Raymond T. Waid on Posted in Environmental, Litigation, Louisiana Oil & Gas Law, Maritime, Oil & Gas, Regulatory
In Settoon Towing, L.L.C. v. Marquette Transportation Company, L.L.C., No. 16-30459 (5th Cir. Jun. 9, 2017), the United States Fifth Circuit Court of Appeals held for the first time that a Responsible Party under the Oil Pollution Act of 1990 (“OPA”) has a statutory claim for contribution to recover purely economic damages from a partially … Continue Reading

U.S. Fifth Circuit Adopts Broad Definition of “Good Faith” for Louisiana Environmental Whistleblower Claims

By Devin C. Reid on Posted in Environmental, Exploration and Production, Industry News, Litigation, Louisiana Oil & Gas Law, Maritime, Oil & Gas, Pipeline, Regulatory
On June 1, 2017, the United States Fifth Circuit Court of Appeals in Borcik v. Crosby Tugs, L.L.C. applied a broad definition of the intent required of a plaintiff under the Louisiana Environmental Whistleblower Act.  In doing so, both the Fifth Circuit and the Louisiana Supreme Court apply a more plaintiff friendly standard to claims … Continue Reading

U.S. Fifth Circuit Affirms Application of the Subsequent Purchaser Doctrine in Oilfield Contamination Case, Recognizes “Clear Consensus” Among Louisiana Appellate Courts, and Declines Certification to the Louisiana Supreme Court

By Elizabeth S. Wheeler, Kelly Brechtel Becker and Kathryn Zainey Gonski on Posted in Environmental, Legacy Litigation, Litigation, Louisiana Mineral Law, Louisiana Oil & Gas Law, Oil & Gas, Subsequent Purchaser Doctrine
In Guilbeau v. Hess Corporation, the United States Fifth Circuit Court of Appeals unanimously affirmed the application of Louisiana’s subsequent purchaser doctrine to bar a plaintiff’s claims for property damage resulting from alleged oilfield contamination that occurred prior to his purchase of the property.  The court specifically rejected the plaintiff’s attempt to characterize the multitude … Continue Reading

Leave It to the States: Oklahoma Federal Court Dismisses Fracking Suit In Favor Of Administrative Regulation

By Philip Dore on Posted in Environmental, Exploration and Production, Litigation, Oil & Gas, Regulatory
On April 4, 2017, a federal district court dismissed a citizen-enforcement action under the Resource Conservation and Recovery Act that could have profound impact on fracking suits against the oil and gas industry. In Sierra Club v. Chesapeke Operating, LLC, the Sierra Club alleged that the deep injection of liquid waste from oil and gas … Continue Reading

A Summary of Professor Jim Rossi’s Lecture on the “Federalism Battles in Energy Transportation”

By Liskow & Lewis on Posted in Constitutional, Environmental, Exploration and Production, Industry News, Louisiana Oil & Gas Law, Oil & Gas, Pipeline
Professor Jim Rossi’s lecture on “Federalism Battles in Energy Transportation,” specifically whether the federal or state government is the proper authority to exercise its eminent domain and regulatory power. … Continue Reading

The Dusky Gopher Frog Lives to Fight Another Day: Fifth Circuit Denies Rehearing

By Liskow & Lewis on Posted in Environmental, Property Law
On February 13, 2017, the U.S. Court of Appeals for the Fifth Circuit denied Defendants’ Petition for Rehearing En Banc in the case titled Markle Interests, L.L.C., et al. v. U.S. Fish and Wildlife Service, et al. The Defendants, who are timber and commercial developers, requested that the Court rehear the June 30, 2016 panel … Continue Reading

Oregon Federal Court Issues Remarkable Decision Finding Constitutional Right to Stable Climate

By Randy Marse, Jr. on Posted in Constitutional, Environmental, Exploration and Production, Industry News, Litigation, Louisiana Oil & Gas Law, Maritime, Offshore, Oil & Gas
On November 10, 2016, Judge Ann Aiken, a federal district judge in Oregon, issued a remarkable environmental law decision in which she found that a climate system “capable of sustaining human life” is a fundamental constitutional right.[1] Juliana v. United States challenges the constitutionality of the United States’ decades-long policy on climate change.[2] The plaintiffs, … Continue Reading
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