During the 2024 Regular Session of the Louisiana Legislature, the Louisiana Natural Resources Trust Authority was created to address a longstanding problem involving abandoned or orphan wells. This Trust Authority will allow the State of Louisiana to revamp its approach to orphan well management and finance, with goals of responsible development and cost savings across the
Oil & Gas
OPA 90 or CERCLA? The U.S. Fifth Circuit Settles Which Applies to Mixed Oil Spills
The Oil Pollution Act of 1990 (known as “OPA 90”) and the Comprehensive Environmental Response, Compensation, and Liability Act (known as “CERCLA”) are two federal environmental laws with significant effects on businesses and individuals across the nation. OPA 90 provides a remedial scheme that apportions the liability and costs of oil spills among responsible parties.
Clarifying Contra Non Valentem: The Fifth Circuit Weighs in on Latent-Injury Cases
Most litigants in Louisiana know that the usual tort claim has a prescriptive period (i.e., statute of limitation) of one year. This one-year clock begins ticking from the day injury or damage is sustained.[1]
But when exactly someone sustains an injury can be a tricky question to answer. If I am unknowingly…
Lawful and Reasonable: Federal Energy Regulatory Commission’s Approval of Alaska’s Liquefied Natural Gas Project
On Tuesday, May 16, 2023, the D.C. Circuit denied in part and dismissed in part a petition for review filed by environmental groups, the Center for Biological Diversity, and the Sierra Club (collectively, “Petitioners”). Ctr. for Biological Diversity v. FERC, D.C. Cir., No. 20-01379, 5/26/2023. The petition sought a review of the Federal Energy…
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…
Louisiana to Receive Federal Funding to Help Address Thousands of Orphaned Oilfield Sites throughout the State
The U.S. Interior Department recently announced that it is awarding Louisiana with about $47 million to be used to plug and abandon the orphaned well sites throughout the state. This is part of phase one of many under the Infrastructure Investment and Jobs Act, which was signed by President Biden in November.
Louisiana first turned…
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…
The Fifth Crime: Ecocide
A panel of 12 lawyers from around the world recently proposed a legal definition for a new crime: ecocide. For years, the panel, along with various international groups, has sought to amend the Rome Statute of the International Criminal Court to include ecocide as one of the crimes within the court’s jurisdiction.
Currently, the ICC…
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…
Tighter pipeline regulations part of second COVID-19 stimulus package
On December 21, 2020 Congress passed the lengthiest piece of legislation in its history—nearly 5600 pages. While most Americans are focused on the provisions of the “Consolidated Appropriations Act, 2021” related to coronavirus response and recovery, it also included provisions that will directly impact pipeline operators.
The “Protecting Our Infrastructure of Pipelines and Enhancing…