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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

FERC Rejects Sierra Club’s Request for Rehearing and Green Lights $3.5B LNG Export Facility in Lake Charles, Louisiana

By Court C. VanTassell on Posted in Environmental, Industry News, Oil & Gas, Pipeline, Regulatory
On November 23, 2016, the Federal Energy Regulatory Commission (FERC) confirmed its authorization of the construction of a $3.5 billion liquefied natural gas (LNG) export facility in Lake Charles, Louisiana and rejected the Sierra Club’s request for rehearing on the matter. In an April 15, 2016 Order, FERC authorized Magnolia LNG, LLC to site, construct, … Continue Reading

EPA Publishes Proposed Renewables Enhancement and Growth Support Rule

By Elizabeth S. Wheeler and Jackie E. Hickman on Posted in Environmental, Exploration and Production, Louisiana Oil & Gas Law, Offshore, Oil & Gas, Oil & Gas Contracts, Pipeline, Regulatory
On November 11, 2016, the EPA published a proposed rule designed to update its Renewable Fuel Standards Program and support the growth of renewable fuel use. With the stated goal of removing barriers to production and distribution of renewable fuels, the proposed rule has three main components: (1) Updated Regulatory Structure to Address Biofuel Processing at … Continue Reading

THE DISPUTE BETWEEN GOVERNOR JOHN BEL EDWARDS AND ATTORNEY GENERAL JEFF LANDRY OVER THE APPOINTMENT OF PRIVATE LEGAL COUNSEL CONTINUES…

By Jonathan J. Fox on Posted in Environmental, Industry News, Litigation, Oil & Gas, Regulatory
On September 30, 2016, Governor John Bel Edwards sued Attorney General Jeff Landry to compel him to approve several contracts between the Governor’s office and private legal counsel. In his Petition, the Governor alleged that the Attorney General’s role in approving the Governor’s contracts with private legal counsel is a ministerial duty that the Attorney General … Continue Reading

New Government Contractor “Blacklisting” Reporting Requirements Put on Hold

By Thomas J. McGoey II, Kindall C. James and Jackie E. Hickman on Posted in Arbitration, Employment Law, Environmental, Exploration and Production, Finance, Industry News, Litigation, Regulatory, Texas
Hours before a controversial set of new reporting requirements for government contractors was set to take effect, a federal court in Texas enjoined implementation of the requirements across the country.… Continue Reading
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