The United States Supreme Court is currently presented with what many believe is the best opportunity for the Court to provide sorely needed guidance in the vastly growing climate change docket—where energy companies are facing liability for injuries allegedly sustained due to greenhouse gas emissions. In Suncor Energy (U.S.A.) Inc., et al. v. County Commissioners
The Fifth Circuit’s recent decision in Lexon Insurance Co., Inc. v. Chevron U.S.A. Inc., No. 24-20347 (5th Cir. Aug. 19, 2025) (slip op.), addresses who should pay offshore decommissioning costs when a current leaseholder fails to meet its legal obligations. Federal law requires that wells, pipelines, and platforms on the Outer Continental Shelf
On April 9, 2025, the United States Court of Appeals for the Fifth Circuit held that faith- and community-based groups1 (the “Groups”) representing certain residents of St. James Parish, Louisiana, may continue with their suit seeking a moratorium on the construction and expansion of industrial facilities in the Parish. See Inclusive Louisiana v. St.
The Louisiana Supreme Court has declined to review the First Circuit Court of Appeal’s ruling in Rise St. James v. LDEQ, essentially cementing the appellate court’s holding that an analysis of environmental justice (EJ) issues is required under Louisiana’s Public Trust Doctrine.
Continue Reading EJ Analysis Remains Part of Louisiana’s Public Trust Duty
The United States Fifth Circuit Court of Appeals recently affirmed the dismissal of a lawsuit against 18 oil and gas companies. The lawsuit arose from the sudden death of oysters in Plaquemines Parish, which plaintiffs, a group of about 30 oyster fishermen, alleged were the result of a release of produced water and brine—frequent byproducts of oil and gas operations.
Continue Reading Failure to Allege Plausible Arguments Against Oil and Gas Companies Proves Costly as the Fifth Circuit Dismissed Oyster Mortality Case
In a recent decision, the United States Supreme Court held that Section 3 of the Federal Arbitration Act requires a court to stay a proceeding pending arbitration and provides no discretion for the court to dismiss the action. In Smith v. Spizzirri,1 the Supreme Court settled a significant circuit split on the interpretation
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
As a matter of first impression, in Cheapside Mins., Ltd. v. Devon Energy Prod. Co., L.P., No. 23-40591, 2024 WL 886951 (5th Cir. Mar. 1, 2024), the Fifth Circuit held that an oil-and-gas royalties class action belongs in federal court based on its interpretation that the “principal injuries” prong of the CAFA local controversy
A Louisiana federal court recently blocked EPA and DOJ from enforcing Title VI against the State of Louisiana to require disparate and cumulative impact analyses under federal environmental justice (EJ) policies for its state permitting. Read more about this decision and its ramifications here.
Continue Reading EJ Evolution: Court Enjoins EPA from Imposing Disparate Impact Requirements via Title VI in Louisiana Permitting
In the recent First Circuit Court of Appeal decision reinstating the Formosa facility permits, the court clarified that consideration of environmental justice is included in the Louisiana Public Trust Doctrine. To learn more about how this opinion may affect permit challenges and permit requirements, read more here.
Continue Reading Louisiana Appeals Court Finds Environmental Justice Is Part of the Louisiana Public Trust Duty