Contrary to courts across the pond, rare is the case in American courts where attorneys’ fees are awarded to the prevailing party. This notion is often referred to as “the American rule” of each party bearing its own costs. But in Dr. George T. Moench, et al. v. M/V Salvation, et al., no. 12-1536
U.S. Fifth Circuit Holds That Platform Decommissioning Operations Fall Under Louisiana Oilfield Indemnity Act
A typical oilfield personal injury case in (or off the coast of) Louisiana involves a review of the relevant contracts and an analysis of whether demands for defense and indemnity can be made (and enforced) against other contracting parties. And, typically, the party on the receiving end of such a demand – usually the plaintiff’s
Low Energy Prices, Low Interest Rates, Rise in Federal Estate Tax Make Estate Freeze Transactions Attractive
The recent downturn in energy prices has given consumers a welcomed break at the gasoline pump. The people producing the energy, however, from landowners, to oil companies, to oil field service providers, have felt the full negative effects of the steep price decline. Those producers are seeing price pressure at every turn, reducing their net
Court Rules Clean Power Plan Implementation Can Continue
President Obama’s centerpiece of his climate policy agenda, the “Clean Power Plan,” has become one of the most heavily litigated environmental regulations ever. Twenty-seven states and numerous industry groups have filed more than fifteen separate lawsuits challenging the Environmental Protection Agency’s (“EPA”) statutory authority to promulgate the regulations. Seventeen states, the District of Columbia, the
The Louisiana Supreme Court Issues Strong Guidance about Manifest Error Standard: Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr McGee Rocky Mountain, LLC
On December 8, 2015 the Louisiana Supreme Court attempted to clarify the manifest error appellate review standard. Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr McGee Rocky Mountain, LLC, 2014-2592 (La. 12/8/15); — So. 3d –, pitted plaintiff mineral royalty owners against mineral lessee and working interest owner defendants
U.S. Army Corps of Engineers Provides New Resource for Marine Operators
On May 26, the U.S. Army Corps of Engineers launched a new website to provide the public and industry interests with nationally-issued Notices To Navigation Interests (NTNI). The new website can be found here. The new site allows users to search NTNIs by keywords, providing a new-user friendly interface. The site will keep navigation
EPA Extends Public Comment Period on Proposed Rulemaking for Fracking Wastewater
The EPA has proposed pretreatment standards for the Oil and Gas Extraction Category (40 CFR Part 435). The regulations would address discharges of wastewater pollutants from onshore Unconventional Oil and Gas (UOG) extraction facilities to Publicly-Owned Treatment Works (POTWs). The EPA contends that “the proposed rule would better protect public health, the environment, and the
The “New” Mexico: The Status of Mexico’s Energy Reform and How United States’ Companies Can Benefit
On Thursday, March 26, 2015, Petróleos Mexicanos (Mexico’s national oil company better known as Pemex), BlackRock Inc., and First Reserve Corp announced a major investment project that will bring U.S. natural gas to central Mexico. This $900 million USD transaction represents the first large scale infrastructure investment in Mexico since its energy sector was
Awaiting the Arrival of Proposed Revisions to OSHA PSM and EPA’s RMP Rules: Applying PSM / RMP to Oil and Gas
The Occupational Safety and Health Administration (“OSHA”) published a Request for Information (“RFI”) on December 9, 2013 concerning possible changes to the Process Safety Management (“PSM”) program codified at 29 C.F.R. 1910.119. See 78 Fed. Reg. 73756 (Dec. 9, 2013). Likewise, the Environmental Protection Agency (“EPA”) published an RFI on July 31, 2014 relating
To Avoid Timeliness Issues, File a Limitation Proceeding Within Six Months of an Incident
The Limitation of Liability Act, 46 U.S.C. § 30501 et seq., is a special protection available to a vessel owner (and in some instances vessel charterers) whose vessel allegedly caused damage to persons or property. When certain elements are satisfied, a vessel owner can limit total liability to the value of the vessel and