In a recent opinion, the Fifth Circuit Court of Appeals ruled that the “Sabine River Authority, State of Louisiana” (“SRA-L”) is not entitled to Eleventh Amendment sovereign immunity.[1]
SRA-L was a named defendant in a suit by plaintiffs who own land in Louisiana and Texas. Plaintiffs levied allegations that years-long mismanagement of the Toledo
On August 20, 2018, Noble House’s yacht lost its port-side rudder while entering a channel in the Bahamas. The following day, Noble House advised Underwriters at Lloyd’s, its insurer, of the casualty, whose policy allegedly covered the claim. Noble House purchased the policy from Underwriters by way of a Texas-based insurance broker in February 2018.
On Friday, March 31, 2023, Representative Larry Bagley of Louisiana’s District 7 proposed amendments to Louisiana Revised Statutes § 30:10. The bill, HB 590, extends a prior substantive change in the law that was affected by the 2012 amendments to La. R.S. 30:10. In the 2012 amendment, operators of force-pooled drilling units were required
In a recent decision, the United States Fifth Circuit Court of Appeals remanded to state court a case brought by landowners against the Louisiana Department of Environmental Quality (“LDEQ”) and several past and present owners and operators of an industrial facility (“Facility Defendants”), finding that LDEQ was not improperly joined, and therefore the case could
On September 14, 2022, the 19th Judicial District Court revoked air permits issued by the Louisiana Department of Environmental Quality (“LDEQ”) under Louisiana’s Prevention and Significant Deterioration (“PSD”) regulations[1] for a Formosa Plastics facility (“FG LA”) planned to be built in St. James Parish.[2] The court ruled that LDEQ erred in issuing
In a recent opinion released by the United States Court of Appeals for the District of Columbia Circuit, the court declined to vacate a deficient environmental impact statement (“EIS”) prepared in connection with two offshore lease sales held in 2018, the records of decision announcing the sales, or the leases issued.
The court stated that
In Mary v. QEP Energy Company, the U.S. Fifth Circuit held that a landowner is not entitled to a pipeline company’s profits as a consequence of a portion of a pipeline being located partially outside of a servitude. The Fifth Circuit concluded that a landowner can only recover the additional profits earned by defendant
In an opinion that employers across the country have been eagerly anticipating, the United States Supreme Court today issued a per curiam opinion blocking the Occupational Safety and Health Administration’s (“OSHA”) rule that would have required roughly 80 million workers to obtain a COVID-19 vaccination or be tested weekly and wear masks to avoid being
On Friday, January 7, 2022, the Louisiana Supreme Court unanimously upheld a COVID-19 vaccine mandate program that the state’s largest private healthcare system implemented for its employees. Hayes, et al. v. University Health Shreveport, 21-01601 (La. 1/7/22). In doing so, the Court reaffirmed the employment-at-will doctrine, and its decision will likely be cited in
On Tuesday, the United States Court of Appeals for the Eleventh Circuit addressed the question of whether the 1962 U.S. Supreme Court holding in Vaughan v. Atkinson, 369 U.S. 527 (1962) requires courts hearing maintenance and cure cases to construe disputed medical evidence in the seaman’s favor. In Witbart v. Mandara Spa (Hawaii), LLC