marsh

By Matthew B. Smith

The first of many coastal land loss lawsuits filed by Louisiana coastal parishes has proceeded to judgment, with the result being the dismissal of the case based on the failure to exhaust administrative remedies prior to filing suit.

Since the filing of the politically-charged Southeastern Louisiana Flood Protection Authority lawsuit, four

ogw

By Will Huguet

Terminology employed in oil and gas exploration may often become antiquated. In this regard, this comment is intended to introduce the reader to the dated and potentially confusing terms “mineral acre” and “royalty acre.” Although the author is not a large proponent of the use of such terms, they are part of

wet

By Sam O. Lumpkin

On May 31, 2016, the US Supreme Court ruled in United States Army Corps of Engineers v. Hawkes Co., Inc. that a jurisdictional determination issued by the Corps of Engineers under the Clean Water Act constitutes a final agency action that is judicially reviewable under the Administrative Procedure Act.  Justice Roberts

Storm-And-Blue-Lightining-At-Sea

By Tod Everage

Last December, we posted an article addressing the recent conflicted decisions out of the Eastern District of Louisiana on the remaining availability of punitive damages against third parties under general maritime law. You can find that article here. In 2016, the conflict continues…

As we mentioned, Judge Fallon allowed a claim

Kean Miller Industrial Strength Law

By Chris Dicharry and Jason Brown

The Louisiana Corporation Franchise Tax (“CFT”) has historically been imposed only on corporations. Thus, LLCs and partnerships have not been subject to the CFT. In the Special Session that ended last March, the Louisiana Legislature expanded the companies subject to the CFT to include non-corporate entities that elect to

EPA

By Brittany Buckley Salup

The Environmental Protection Agency (EPA) announced in March that it is in the process of developing new regulations to curb methane emissions from existing oil and gas facilities.  The EPA will formally require companies operating existing oil and gas sources to provide information to assist in the development of comprehensive regulations

fall

By Tod J. Everage

In December 2015, the U.S. 5th Circuit (in a 2-1 decision) was called to decide whether a non-operating partner in a joint venture qualified as a “statutory employer” under the Louisiana Workers’ Compensation Act (“LWCA”), La. R.S. § 23:1021, even though that party did not sign the contract and was not

heli

By Michael J. O’Brien

In the Gulf of Mexico, helicopters have replaced seagoing vessels as the primary mode of transporting workers from shore to their jobs on offshore platforms and rigs. It is black letter law that a seagoing vessel in peril that is rescued is subject to an award for salvage. Since helicopters have

Commercial shrimp fishing boat

By Lauren Barrera

In Nguyen v. American Commercial Lines, L.L.C., the U.S. Fifth Circuit clarified the presentment requirements set forth in the Oil Pollution Act of 1990 (“OPA 90”). Although the fishermen’s information submitted was sufficient to present a claim, the Court refused to allow some of the claimants from pursuing litigation because they

By Daniel Stanton

In the most recent ruling of the BP DEEPWATER HORIZON/Macondo Well blowout and spill, Judge Barbier of the Eastern District of Louisiana recently dismissed certain claims made by the plaintiffs under the Oil Pollution Act of 1990, or “OPA 90.”

On April 20, 2010, the BP’s Macondo Well suffered a tragic blowout