On September 7, 2005, the Conservation Commissioner issued a memorandum authorizing certain exceptions to the rules of the Commission which deal with oil and gas production activities. The memorandum applies only to operations in the eight worst-affected parishes: Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Charles, Terrebonne, and Washington. However, the memorandum states that the Commission recognizes “that operational situations may exist or be encountered which justify other exceptions to the rules of the Office of Conservation both within and outside the authorized area.” Thus, for situations not covered by the memorandum, Conservation encourages the operator to call 225/342-5540. The areas covered by the memorandum include:

*A general exception to LAC 43:XIX.3507 allowing the venting of gas produced from wells recognized as oil wells by the Office of Conservation provided certain conditions exist and certain practices are followed.

*Where the authorized transporter is unable to move production due to storm related issues, a general exception to LAC 43:XIX.907 is provided to allow operators to move oil from facilities without the necessity of filing Form R-4 (Authorization to Move Oil), provided a transporter recognized as an oil transporter by the Commission is used.

*Case-by-case approval will be considered to allow short term commingling of production from separate leases and/or units in exception to LAC 43:XIX.1501 where facilities for the separate leases and/or units have been destroyed or damaged by the storm. To obtain the approval, the applicant must demonstrate that appropriate measures are in place to provide reasonably accurate allocation of production to each such lease and/or unit.

*Where the currently authorized produced water disposal system is unavailable due to storm related conditions, authorization without first obtaining a permit pursuant to LAC 43:XIX.403 is given to inject produced water into a formerly productive well that has depleted and is no longer capable of production.

The relief afforded is authorized only until November 30, 2005. The full memorandum will be published on the Office of Conservation website at: http://dnr.louisiana.gov/cons/conserv.ssi or by email request to Steve.Boutwell@keanmiller.com.

Governor Blanco has issued Executive Order No. KBB 2005-32, which can be found here.

The heart of the order is found in Sections I and II:

SECTION 1: All deadlines in legal proceedings, including liberative prescriptive and peremptive periods in all courts, administrative agencies, and boards are hereby suspended until at least September 25, 2005, including, but not limited to, any such deadlines set for in the following:

A. Louisiana Civil Code;

B. Louisiana Code of Civil Procedure;

C. La. R.S. Title 9, Civil Code Ancillaries;

D. La. R.S. Title 13, Courts and Judicial Procedure;

E. La. R.S. Title 23, Chapter 10, Worker’s Compensation;

F. La. R.S. Title 40, Chapter 5 Part XXI-A, Malpractice Liability for State Services; and

G. La. R.S. Title 40, Chapter 5, Part XXIII, Medical Malpractice.

SECTION 2: This Order is effective upon signature and shall apply retroactively from Monday, August 29, 2005, through Sunday, September 25, 2005, unless amended, modified, terminated, or rescinded by the governor, or terminated by operation of law prior to such time.

According to two articles in the Baton Rouge Advocate this morning, some courts and/or judges affected by the hurricane are temporarily relocating as follows:

1. The Louisiana Supreme Court will be housed with the First Circuit Court of Appeal

2. Three Eastern District judges — Chief Judge Helen G. Berrigan, and Judges Sarah Vance and Kurt Engelhardt — will “share chambers and courtrooms with their Baton Rouge counterparts in the Middle District”

3. The New Orleans bankruptcy court will “move in with the Baton Rouge bankruptcy court at 707 Florida St.”

With regard to the inability to file suits and other legal proceedings, the Advocate quotes Ray Lamonica, general counsel for LSU, as follows:

“The Louisiana Homeland Security and Emergency Assistance and Disaster Act gives the governor the authority to suspend regulatory laws that place time constraints on permits, appeals and other cases, he said.

But it likely will take an act of the Legislature to extend the amount of time attorneys have to file a lawsuit — generally one year from an accident or other incident, Lamonica said.”

Read the Advocate articles here:

http://www.2theadvocate.com/stories/090705/new_resume001.shtml

http://www.2theadvocate.com/stories/090705/new_findhomes001.shtml

According to its Web site, the United States District Court for the Middle District of Louisiana has issued a notice and ordered that U.S. Eastern District (New Orleans) filings may be made at the U.S. Middle District in Baton Rouge or U.S. Western District in Lafayette. Due to computer problems, the Middle District is not accepting electronic filings at this time. However, the courthouse is open for traditional paper filing.

Due to Hurricane Katrina all notices and orders will be delivered via U.S. Mail and E-mail until further notice. Because the court may be unable to verify electronic service of pleadings filed with the court for several days, they are advising all counsel of record to serve opposing counsel via U.S. Mail. Further, the courts asks that attorneys notify the court of any change of mailing or email address.

In addition and effective immediately, all persons entering the Russell B. Long Federal Building and United States Courthouse are required to present a picture ID. In addition, attorneys may only bring a cell phone, beeper, or palm pilot into the courthouse without seeking permission from the Chief Judge or any other judicial officer. This permission to bring a cell phone, beeper or palm pilot into the building is subject to the following sanction: Any cell phone, beeper or palm pilot which rings or makes any other noise in the courtroom, chambers or in the hallways outside of a courtroom shall be subject to seizure and shall not be returned to the owner. An attorney who wishes to bring a computer into the courtroom for use at a hearing, conference or trial must seek permission from the presiding judicial officer, or in the judicial officer’s absence, from the Chief Judge.

http://www.lamd.uscourts.gov/