On May 1, 2023, the U.S. Supreme Court granted certiorari to Loper Bright Enterprises v. Raimondo [1] – a D.C. Circuit decision that upheld agency deference under Chevron v. Natural Resources Defense Council. [2] Chevron has stood for nearly 40 years on the principle that agencies should be armed with the flexibility
Energy
Louisiana Supreme Court on Mental Anguish Without Physical Injury
The Louisiana Supreme Court answered the question of when general damages are recoverable for mental anguish by tort plaintiffs who suffer no physical injury in Spencer v. Valero Refining Meraux, LLC. In this action which involved the claims of four plaintiffs, an accident, fire, and explosion occurred at the Valero refinery in Meraux, Louisiana…
Carrots, Sticks Abound in Inflation Reduction Act
For traditional manufacturers, the Inflation Reduction Act of 2022 (IRA) offers a mixed bag of carrots and sticks to support its green energy goals.
Signed by President Biden on Aug. 16, 2022, the bill includes numerous tax credits and other incentives promoting clean energy investment. One of the IRA’s stated purposes is to incentivize and…
The Winds of Change & Louisiana’s New Greenhouse Gas Reduction Plan
In August of 2020, Louisiana Governor John Bel Edwards issued an executive order establishing emission reduction goals of reaching net zero greenhouse gas (GHG) emissions by 2050, putting the state in line with pledges made under the Paris Agreement, and by the federal government, 25 other states, and hundreds of companies in the private sector.…
BOEM Begins Key Environmental Assessment in Preparation for Offshore Wind Development in the GOM
In support of the Biden administration’s goal of permitting 30 gigawatts of offshore wind by 2030, the Bureau of Ocean Energy Management (“BOEM”) announced that it has been begun preparing its draft environmental assessment to evaluate the potential impacts of offshore wind development in federal waters in the Gulf of Mexico.
The area to be…
Taylor Energy Company Agrees to Pay Over $43 Million and Transfer $432 Million Decommissioning Trust Fund to the United States for Longest Running Oil Spill in U.S. History
On December 22, 2021, Taylor Energy Company LLC (“Taylor Energy”), a Louisiana based oil and gas company, and the United States Department of Justice reached a settlement concerning Taylor Energy’s role in the longest running oil spill in United States history. The oil spill began in September 2004 when Hurricane Ivan crossed the northeastern Gulf…
BOEM to Issue a Call to Further Assess Commercial Interest in Wind Energy Leasing in the Gulf
On October 28, 2021, the Department of Interior announced three major milestones to advance commercial offshore wind energy development, one of those impacting the Gulf of Mexico.
The Bureau of Ocean Energy Management (“BOEM”) will publish a Call for Information and Nominations (“Call”) on November 1, 2021 in the Federal Register. The Call will allow…
Act 301 Pushes for Solar Farm Decommissioning Regulations as Seeds are Sown for Commercial Projects
With increasing optimism regarding offshore wind energy and commercial solar power, renewable energy projects are starting to gain steam with Louisianians. Although utility-scale solar projects are novel in Louisiana, Act 301 (formerly Senate Bill 185) proactively addresses the concerns of taxpayers, landowners, and developers concerning solar leases.
Act 301, which was signed into law by…
The State of Wind Energy in the United States: Blowing into the Gulf of Mexico
The United States has become one of the largest and rapidly-expanding wind markets in the world, with the U.S. Energy Department investing in both land and offshore research and development projects in an effort “to advance technology innovations, create job opportunities and boost economic growth.”[i] In the future, the Energy Department predicts that the…
Biden Administration “Pauses” Oil and Gas Leases and Permits, Industry Responds
Throughout Joe Biden’s campaign, he made clear that climate change, the environment, and “Clean Energy” were going to be anchors of his Presidential platform. What was less clear was how his administration would treat oil and gas beyond the expected counterbalance to the Trump Administration’s regulatory rollbacks – especially with respect to GHG emissions. On…