Last week, the U.S. Department of the Interior released its proposed Outer Continental Shelf (OCS) five-year program for offshore oil and gas leasing. The Outer Continental Shelf Lands Act (OCSLA) requires the Secretary of the Department of the Interior to “prepare and periodically revise and maintain an oil and gas leasing program” (i.e., a five-year

On June 23, 2022, the Bureau of Ocean Energy Management (BOEM) published a draft guidance on mitigating potential impacts of offshore wind development on commercial and recreational fishing. The final guidance document will set forth required information that lessees must submit to BOEM at each stage of a wind project, i.e., Site Assessment Plan (SAP)

On February 11, 2022, the Biden Administration’s climate change agenda sustained a major blow as Judge James D. Cain of the Western District of Louisiana enjoined a Biden administration executive order that charged federal agencies with considering the “social cost of carbon” in their decision making.  The injunction could have far reaching impacts on the

Within the first six weeks of 2022, both state and federal governments have taken steps toward offshore wind energy development off the coast of Louisiana.

On February 1, the Climate Initiatives Task Force submitted the Louisiana Climate Action Plan to Governor Edwards. The Plan offers strategies and actions aimed at reducing greenhouse gas emissions in

The Infrastructure Investments and Jobs Act (the “Act”), which was passed into law on November 15, 2021, included key amendments to the Outer Continental Shelf Lands Act (“OCSLA”) that pave the way for carbon sequestration in offshore federal waters.

Prior to the Act’s passage, OCSLA (as amended by the Energy Policy Act of 2005) authorized

On Tuesday, U.S. District Judge Terry A. Doughty of the Western District of Louisiana granted Plaintiff States’ request for an injunction to block the Biden Administration’s pause on new federal oil and gas lease sales (“Lease Pause”).  Louisiana v. Biden, Jr., Case No. 2:21-cv-00778-TAD-KK, 2021 WL 2154963 (W.D. La. June 15, 2021).
Continue Reading Federal Judge Grants Preliminary Injunction Halting the Biden Administration’s “Pause” on New Oil and Gas Lease Sales

On June 8, 2021, the Bureau of Ocean Energy Management issued a Request for Interest (RFI) to assess interest in possible commercial wind energy leasing in the Gulf of Mexico OCS. BOEM will consider the information received in response to the RFI to determine whether to schedule a competitive lease sale or issue a noncompetitive lease for any portion of the area descried in the RFI. The area covered by the RFI comprises the entire Central Planning Area and Western Planning Area of the Gulf of Mexico, excluding portions of those areas located in water depths greater than 1,300 meters.
Continue Reading BOEM Assessing Interest in Wind Energy Leasing in the Gulf of Mexico

Bringing to mind the infamous Hatfield-McCoy family feud, Concho Resources, Inc. v. Ellison is a classic boundary dispute between a leasehold owner and neighboring lessees with allegations of fraud and more than $1 million at stake.  See 2021 WL 1432222 (Tex. Apr. 16, 2021).  The plaintiff, Martha Ellison d/b/a Ellison Lease Operating, alleged that the defendant lessees, Samson Resources Company (“Samson”), COG Operating LLC (“Concho”), drilled and operated a well on her leasehold.  The defendants—relying on a boundary stipulation and a written acceptance of such stipulation signed by Jamie Ellison, Mrs. Ellison’s deceased husband—claimed that Mr. Ellison ratified the agreed boundary line before his passing, foreclosing any claims of trespass.  What ensued was a long legal battle with an ironic outcome.  The defendants won in the trial court; the court of appeals reversed.  The tables turned again at the Texas Supreme Court, which ultimately held that the boundary stipulation was valid and that the defendants conclusively established their ratification defense, but the case is still ongoing.
Continue Reading Texas Supreme Court Update: Boundary Dispute Between Leasehold Owner and Lessees of Adjacent Tract

On April 19, the United States Government Accountability Office (“GAO”) released a report (the “Report”) in response to a request from the House of Representatives Committee on Natural Resources regarding the oversight and decommissioning of pipelines in federal waters, which are mainly located within the Gulf of Mexico.  The Report concluded that the Bureau of Safety and Environmental Enforcement (“BSEE”) lacks a robust oversight process (1) for ensuring the integrity of active offshore oil and gas pipelines and (2) to address the environmental risks posed by decommissioning and abandoning pipelines on the seafloor.  The GAO recommended that BSEE take actions to further develop, finalize, and implement updated pipeline regulations to address limitations in its ability to (1) ensure active pipeline integrity and (2) address safety and environmental risks associated with pipeline decommissioning and abandonment.
Continue Reading Federal Agency Recommends Updated Regulations for Pipeline Monitoring, Decommissioning, and Abandonment

Governor Edwards’ Climate Initiatives Task Force published the Louisiana Climate Initiatives Interim Report earlier this month, which outlines the process by which the Task Force plans to develop climate actions to reduce greenhouse gas emissions in Louisiana.

In February 2020, Governor Edwards committed to forming a Climate Initiatives Task Force for the purpose of developing