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Expropriation ruling explains landowner’s burden to prove severance damages to a “legal certainty.”

On November 8, the Louisiana First Circuit Court of Appeals added to the relatively sparse body of appellate rulings in pipeline expropriation matters. In an unpublished opinion, the court affirmed that landowners whose property is expropriated must prove their entitlement to severance damages to a “legal certainty.” Under Louisiana law, owners of expropriated property can … Continue Reading

Texas Supreme Court Agrees to Review Three Oil and Gas Cases in 2016

On September 2, 2016, the Texas Supreme Court agreed to review three oil and gas cases involving issues pertinent to the industry and land and mineral owners. BP America Production Company v. Red Deer Resources, LLC In BP America Production Company v. Red Deer Resources, LLC, the lessee of a top lease, Red Deer, sued … Continue Reading

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

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

Offshore Companies Face Surge in BSEE Enforcement Actions and Penalties

In recent years, offshore companies have witnessed a marked uptick in the number of enforcement actions undertaken by the Bureau of Safety and Environmental Enforcement (BSEE).[1]  Operators face more BSEE inspections, Incidents of Non-Compliance (INCs), and civil penalties than ever before.  Meanwhile, the average penalty amount has grown.  For example, in 2014 the agency imposed … Continue Reading

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

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

Caddo Parish Commissioners Postpone Decision on Oil and Gas Ordinances

by Elisabeth Lorio Baer Despite the urging of Caddo Parish property owners to pass regulating ordinances and appeals from the oil and gas industry to leave regulation to other governing bodies, Caddo Parish commissioners decided to postpone the passage of oil and gas ordinances on Thursday. The Caddo Commission has been studying the proposals since … Continue Reading

Local Louisiana tax assessor files suit against oil companies alleging underpayment of millions in ad valorem property taxes

"Coastal Parishes v. Big Oil" is the name of the website addressing the lawsuit just filed in federal court against Burlington & LL&E, for property taxes on equipment that is in onshore coastal waters as well as offshore waters within the three mile territorial limit. This lawsuit was filed by the Terrebonne Parish assessor claiming … Continue Reading

Louisiana Legislature Considers Bill to Allow State to Pay Attorneys Using Contingency Fee Arrangement

By Kelly Becker  The Louisiana legislature is currently considering House Bill 758 which would allow the Attorney General to pay up to a twenty-five percent contingency fee to outside attorneys to represent the State in litigation. Several industry groups, including the Louisiana Association of Business and Industry and the Louisiana Oil and Association, oppose the … Continue Reading
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