Insight and Analysis of Legal Issues Impacting the Energy Industry
By Claire Bienvenu
On May 23, 2008, the Ninth Circuit vacated EPA’s rule exempting discharges of sediment resulting from oil and gas construction activities from National Pollutant Discharge Elimination System (NPDES) permit requirements. NRDC v. EPA, No. 06-73217 (9th Cir. 5/23/08). The Ninth Circuit found EPA’s rule, which was a codification of a recent exemption…
In Germany v. ConocoPhillips Co., 2007-1145 (La. App. 3 Cir. 3/5/08), — So. 2d –, the Third Circuit upheld the trial court’s ruling that under Act 312 a single trial of all issues should be held prior to referring a case to the Louisiana Department of Natural Resources (“LDNR”) for the development …
By Kindall James
The issue of whether an individual employee is personally liable for oilfield environmental damages was recently addressed in Kling Realty Co., Inc. v. Texaco, Inc, 2007 WL 81665 (W.D. La. 2007). The plaintiff mineral lessors claimed that their property had been damaged by oilfield operations, and sued not only the operator, but also …
In Duplantier v. BP Amoco, et al., the Louisiana Fourth Circuit Court of Appeal held that under Act 312 of 2006 (La. R.S. 30:29), there should be a single trial of both the regulatory remediation covered by the statute and the plaintiffs’ separate damages claims (if any). The Louisiana Supreme Court has now denied a…
By Joe Giarrusso:
In Louisiana, a lawsuit is generally deemed abandoned when the parties fail to take any step in its prosecution for three years. This rule is operative without any formal order. La. Code Civ. P. art 561. However, Act 361 of 2007 extended the period for abandonment to five years where (1) the…
By Drew Spaniol
The Eastern District of Louisiana recently held that the Oil Pollution Liability and Compensation Act (OPA), 33 U.S.C. § 2701 et seq., does not preclude a plaintiff from bringing state law claims for additional liability or compensation. Isla Corp. v. Sundown Energy, LP, 2007 WL 1240212 (
E.D. La.…
By Robert E. Holden and Monica Derbes Gibson
The Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers have released long-awaited guidance addressing jurisdictional determinations under the Clean Water Act (CWA) in the wake of Rapanos v. United States, 126 S. Ct. 2208 (2006). There is general agreement that Rapanos limited …
In Seagull Energy E & P, Inc. v. Railroad Comm’n, No. 03-0364, 2007 WL 1299163 (Tex. May 4, 2007), the Texas Supreme Court affirmed a decision by the Austin Court of Appeals upholding the Railroad Commission of Texas’ authority to regulate both drilling and production of commingled oil and/or gas deposits…
In Duplantier v. BP Amoco, et al., the Louisiana Fourth Circuit court of appeal recently issued a ruling on trial court procedure under Act 312 of 2006, La. R.S. 30:29. Click here to view the opinion. Act 312, which became effective June 8, 2006, requires involvement of the Louisiana Department of Natural Resources…
By Dana M. Douglas
On April 20, 2007, the Louisiana Department of Natural Resources (“DNR”) issued regulations establishing procedures for agency hearings and the submission and approval of remediation plans under Act 312 of 2006. Act 312, which enacted La. R.S. 30:29, made sweeping changes to the procedures for litigation involving potential environmental damage …
