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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

Contra Non Not Applicable: Louisiana Appellate Court Refuses to Find Exception to Running of Prescription

By Erin Bambrick on Posted in Environmental, Litigation, Oil & Gas
Sophisticated plaintiffs beware.  In Bayou Fleet, Inc. v. Bollinger Shipyards, Inc., et al., the Louisiana Fourth Circuit Court of Appeal concluded that contra non valentem, a judicially created exception to prescription, did not apply to prevent the running of prescription on a claim for wrongful conversion when the plaintiff company, the owner of a destroyed … Continue Reading

Attorney General Finds Governor’s Contract for Legal Services Not Approvable, Unacceptable, Illegal, and Unconstitutional

By Jonathan J. Fox and Dana M. Douglas on Posted in Environmental, Industry News, Litigation, Oil & Gas, Regulatory, Uncategorized
The dispute between Governor John Bel Edwards and Attorney General Jeff Landry over the retention of several private attorneys to represent the State of Louisiana, through the Department of Natural Resources (“LDNR”) in coastal loss litigation has taken a new twist.  These lawsuits were filed by several parish governments alleging dozens of oil and gas … Continue Reading

Louisiana Flooding – Legal Update

By Jackie E. Hickman and Cheryl M. Kornick on Posted in Environmental, Exploration and Production, Industry News, Insurance, Litigation, Oil & Gas, Oil & Gas Contracts, Pipeline, Property Law, Regulatory
The Liskow & Lewis family stands by our friends and neighbors throughout the unprecedented flooding in our community. As we begin the long process of recovery, here is a brief legal update on the response of various courts and state agencies: State courts: Governor John Bel Edwards has issued an executive order which purports to suspend … Continue Reading

First Parish Coastal Zone Lawsuit to Proceed to Decision Falls for Failure to Exhaust Administrative Remedies

By Laura Springer Brown and Kelly Brechtel Becker on Posted in Environmental, Exploration and Production, Industry News, Legacy Litigation, Oil & Gas, Regulatory, Uncategorized
The first of 40 coastal permitting lawsuits to proceed to disposition has been dismissed for failure to exhaust administrative remedies. In a ruling released today, Judge Enright of the 24th JDC for Jefferson Parish dismissed The Parish of Jefferson v. Atlantic Richfield Company, finding that the statutory scheme at issue provided administrative channels to investigate and … Continue Reading

The Dusky Gopher Frog Causes Big Problems for Industrial and Commercial Development in Parts of St. Tammany Parish

By James E. Lapeze on Posted in Environmental, Exploration and Production, Litigation, Oil & Gas, Oil & Gas Contracts, Pipeline, Property Law, Regulatory
In 2010, under the Endangered Species Act (“ESA”), the United States Fish and Wildlife Service (“the FWS”) designated 6,477 acres in Mississippi and Louisiana as “critical habitat” for the Rana sevosa or the dusky gopher frog.  This frog has historically lived in nine counties or parishes across Louisiana, Mississippi, and Alabama.  Since its 2001 designation … Continue Reading

EPA Biting Off More Than It Can Chew? Agency Publishes First Year Implementation Plan for New TSCA Legislation

By Greg L. Johnson and Carlos J. Moreno on Posted in Environmental, Regulatory
This is Part II of our TSCA update following the recent changes to the TSCA legislation. On June 29, 2016, the U.S. Environmental Protection Agency (“EPA”) released its first year implementation plan for the recently-enacted amendments to the Toxic Substances Control Act (“TSCA”).  Faced with the ambitious requirements and timeframes laid out by the Frank … Continue Reading

Louisiana First Circuit Finds Appellate Jurisdiction Lacking, Declines to Address Merits of Appeal Involving Claims Related to Deepwater Horizon Response Operations

By Kathryn Zainey Gonski and Shannon S. Holtzman on Posted in Environmental, Exploration and Production, Litigation, Oil & Gas
Louisiana First Circuit Court of Appeal again finds that it lacked jurisdiction over an appeal taken from a partial judgment that was not designated as final pursuant to Article 1915(B) of the Louisiana Code of Civil Procedure             In Constantin Land Trust v. BP America Prod. Co., et al., the Louisiana First Circuit Court of … Continue Reading

Regulating the Regulators: Supreme Court Allows Judicial Review of Clean Water Act Determinations

By Laura Springer Brown and Kelly Brechtel Becker on Posted in Environmental, Exploration and Production, Industry News, Litigation, Offshore, Oil & Gas, Pipeline, Property Law, Regulatory
The United States Supreme Court recently addressed whether the United States Army Corps of Engineers’ determination that wetlands are “waters of the United States” constitutes a final agency action that is subject to judicial review under the Administrative Procedure Act in U.S. Army Corps of Engineers v. Hawkes Co., Inc., 15-290, 2016 WL 3041052 (U.S. … Continue Reading

New Judge, Same Result – $81 Million CWA Civil Penalty Appealed

By Jackie E. Hickman and Robert B. McNeal on Posted in Environmental, Exploration and Production, Litigation, Oil & Gas, Oil & Gas Contracts, Regulatory
U.S. District Court Judge Dee Drell (Western District, LA) recently denied a motion to alter or amend the Court’s judgment against CITGO Petroleum Corp.– allowing an $81 million judgment against the oil company to stand. The judgment is the latest in a suit the EPA filed against CITGO under the Clean Water Act for a … Continue Reading

Environmental Groups File Suit to Compel EPA to Review and Revise Oil and Gas Waste Regulations

By Lesley Foxhall Pietras on Posted in Environmental, Oil & Gas, Regulatory
On May 4, 2016, environmental groups sued the U.S. Environmental Protection Agency (EPA), seeking to compel EPA to “fulfill long-delayed nondiscretionary duties” under the Resource Conservation and Recovery Act (RCRA) by issuing revised regulations governing oil and gas wastes.  The complaint alleges that EPA’s regulations “are outdated, contain generic provisions that do not specifically address … Continue Reading

Fracking Scores with Two Colorado Supreme Court Opinions

By Liskow & Lewis on Posted in Environmental, Exploration and Production, Litigation, Oil & Gas, Regulatory
Hydraulic fracturing, or “fracking,” is a hotly debated topic in many states.  In New York and Pennsylvania, anti-fracking groups have obtained a statewide ban on fracking and the allowance of local authority to regulate fracking, respectively.  Texas, however, has enacted a state law expressly preempting local authority over a number of drilling activities.  In March … Continue Reading
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