Insight and Analysis of Legal Issues Impacting the Energy Industry
By: Megan J. Spencer
EPA first issued its Boiler MACT Rule on September 13, 2004. However, these standards were vacated by the United States Court of Appeals for the District of Columbia Circuit after the Court found EPA’s definition of “commercial or industrial waste” conflicted with the language of the Clean Air Act in NRDC v. …
by: Megan J. Spencer
In its decision, filed January 7, 2011, the United States Court of Appeals for the Fifth Circuit reversed, vacated and remanded the opinion of a Texas district court that had found that the National Park Service’s Oil and Gas Management Plan was invalid under the Administrative Procedure Act (“APA”) …
In Gabarick v. Laurin Maritime (America), Inc., 2010 WL 5421015 (5th Cir. Dec. 30, 2010), the Fifth Circuit reversed the district court’s finding of summary judgment on liability under the Oil Pollution Act of 1990 (“OPA”). In doing so, the Court determined that at the summary judgment stage of a complex OPA case …
By Carlos J. Moreno:
On November 15, 2010, the U.S. Environmental Protection Agency (EPA) issued a memorandum providing States with guidance on how to address ocean acidification in their Clean Water Act 303(d) impairment listings.
Section 303(d) of the Clean Water Act requires States to list water bodies that will not meet Water Quality…
By Carlos J. Moreno
On November 8, 2010, the U.S. Environmental Protection Agency (EPA) released its final Subpart W rule to cover petroleum and natural gas facilities under the agency’s Greenhouse Gas (GHG) Reporting Program. The original Subpart W rule for petroleum and natural gas facilities was proposed in March 2010. The industry segments covered…
By Stephen Wiegand
In David v. Mosaic Global Operations, (La. App. 3 Cir. 10/27/10), the Louisiana Third Circuit Court of Appeal reversed the dismissal of land contamination claims brought against the manufacturer of a tick-killing agent used on cattle. The plaintiffs were landowners who alleged that the product had contaminated their land and water with…
By Michael A. Mahone, Jr.
On October 19, 2010, the Louisiana Supreme Court issued its opinion in Marin v. Exxon Mobil Corp., a “legacy” lawsuit involving damage to property located in St. Mary Parish caused by historical oil and gas operations. The 4-3 ruling authored by Justice Victory clarified the law applicable to …
Bennett v. Reynolds, No. 08-0074, 2010 WL 2541096 (Tex. June 25, 2010).
By Natalie Barletta and Andrew Wooley
In Bennett v. Reynolds the Supreme Court of Texas clarifies that the maximum ratio for exemplary to actual damages in Texas will rarely exceed 4 to 1 and that a defendant’s conduct generally, not just that specifically…
By Michael A. Mahone, Jr.
The United States Court of Appeals for the Fifth Circuit recently dismissed the appeal in Comer v. Murphy Oil USA et al. because of the lack of a quorum. The appeal had been taken from the Southern District of Mississippi and a panel of the Fifth Circuit ruled on the…
By Kevin Connolly:
In Nitschke v. Circle Ridge Production, Inc., No. 12-09-00150CV, _____ S.W.3d ____ (Tex. App.—Tyler 5/5/2010), the Tyler Court of Appeals upheld a trial court’s findings of fact and conclusions of law with respect to the termination of an oil and gas lease for failure to pay shut-in royalty payments to the…
