Litigation

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In the watershed Corbello[1] decision, the Louisiana Supreme Court affirmed a $33 million award—the cost to restore property valued at $108,000 to its “original condition” after it was damaged by oil and gas operations.  If Corbello pressed the accelerator on “legacy” litigation, Eagle Pipe tapped the brakes.
Continue Reading Tightening the Timeline for Original Condition: the First Circuit Denies Writ from Ruling Applying Subsequent Purchaser Doctrine to Dismiss Claims Against a Mineral Servitude Owner

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…

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.

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…

In a May 4, 2016 opinion, Louisiana’s Third Circuit Court of Appeal made clear that venue was not proper in Concordia Parish—where plaintiff filed suit for damages resulting from the loss of its drilling rig in LaSalle Parish—because:  (1) the tortious conduct allegedly occurred and damages from the loss of the drilling rig were sustained…

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…

Louisiana appellate court unanimously dismisses cross-appeals in legacy case, finding that the trial court improperly designated partial summary judgment rulings as final under Article 1915 of the Louisiana Code of Civil Procedure.

            In Spanish Lake Restoration, LLC v. Shell Oil Company, et al., the Louisiana First Circuit Court of Appeal recently dismissed cross-appeals taken…

The Texas Franchise Tax is imposed on taxable entities that do business in Texas or that are chartered or organized in the state.  Taxpayers subject to the Texas Franchise Tax may compute their tax liabilities under several alternative methods to determine which one results in the lowest amount of tax due.

One such method is…

Since this blog’s post on production in paying quantities on January 26, 2016, the Louisiana Second Circuit Court of Appeal rendered its latest decision on the subject in Middleton v. EP Energy E&P Co., L.P., 50,300-CA (La. App. 2d Cir. 2/3/16).  While not particularly groundbreaking, Middleton does provide further guidance to mineral lessees…

The group of petitioners challenging the EPA rules imposing strict limits on carbon dioxide emissions from existing power plants filed its opening briefs on Friday, February 19.  The lawsuit, West Virginia v. EPA (D.C. Cir. No. 15-1363) is unusual because of its sheer volume.  Petitioners include thirty States, State agencies, and local government entities and…