News & Analysis as of

Oil & Gas Damages

Gray Reed

Update on Pennsylvania Subsurface Trespass

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Briggs v. Southwestern Energy Production Company, LLC is good news for Pennsylvania mineral owners bringing claims for subsurface trespass by fracking. In 2018 in “Briggs 1”, the Briggs family sued SWN for subsurface...more

Gray Reed

Mineral Lessee’s H2S Damage Claim Rejected

Gray Reed on

Landowner and mineral owner (that includes you, lessee): Under ETC Texas Pipeline, Ltd. v. Ageron Energy, LLC, your right to sue for damages for tort or trespass could pass into history before you even know you have a claim....more

Gray Reed

Louisiana Oilfield Settlement Agreement Fails to Release Non-Party

Gray Reed on

Most states call it a third-party beneficiary contract. Leave it to Louisiana to be different. In Adams v. Chevron USA Inc., the plaintiffs claimed that oilfield pipe-cleaning activities of Chevron and others contaminated...more

Mintz

California Launches Public Nuisance Lawsuit Against the Major Oil Companies

Mintz on

On September 15, 2023, California filed a lawsuit against the major oil companies, presenting claims under a variety of theories, including public nuisance and false advertising. This lawsuit is similar to ones filed by...more

Goldberg Segalla

Oregon’s Multnomah County Sues Fossil Fuel Companies Seeking $50M for Purported “Heat Dome” Heatwaves

Goldberg Segalla on

Oregon’s most populous county, and home to Portland, sued more than a dozen oil, gas, and coal companies for over $50 million in damages related to a 2021 “heat dome” the county alleges was caused by the defendants’...more

Goldberg Segalla

The Supreme Court Denies Fossil Fuel Companies’ Bid to Have the Climate Deception Cases in Federal Court

Goldberg Segalla on

Since 2017, a number of state government entities from cities, counties, and states across the country have gone after fossil fuel companies in court charging them with violating state law by marketing their products as not...more

Mintz

Supreme Court Rejects Efforts By Fossil Fuel Companies to Litigate Climate Change Issues in Federal Court

Mintz on

Today, the Supreme Court denied the writ of certiorari filed by the major oil companies in a pair of significant climate change cases. Specifically, the fossil fuel companies had sought review of a decision by the Third...more

Cadwalader, Wickersham & Taft LLP

Delaware Supreme Court Enforces Partnership Agreement’s Unambiguous Exculpation Provision Waiving Fiduciary Duties and Presuming...

On December 19, 2022, Chief Justice Seitz issued an opinion for a unanimous Delaware Supreme Court, sitting en banc, reversing and remanding the Delaware Court of Chancery’s decision in Bandera Master Fund LP v. Boardwalk...more

Gray Reed

Louisiana Royalty Owner Survives Challenge to Demand For Payment

Gray Reed on

The question in Kim R. Smith Logging Inc. v. Indigo Minerals LLC  was whether a disgruntled Louisiana royalty owner sent its demand for unpaid royalties to the right party.  It turns out that it did....more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability IP Updates — December 2022

In U.S. technology news, Heliogen, Inc., a renewable energy technology company, recently announced its selection to receive a $4,100,000 award from the U. S. Department of Energy’s “Solar Energy Technologies Office” to...more

Gray Reed

Texas Court Addresses MSA Indemnity Obligations

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At issue in RKI Exploration and Production LLC v. AmeriFlow Energy Services LLC and Crescent Services, LLC. were two Master Service Agreements.  RKI was the operator of a well in Loving County; AmeriFlow and Crescent were...more

Cozen O'Connor

Waste Water and Ambiguities: Oklahoma Supreme Court Affirms that Carrier Must Defend Oil and Gas Company in Property Damage Suit

Cozen O'Connor on

In Crown Energy Co. v. Mid-Continent Cas. Co., Case No. 116989, 2022 WL 2128667 (Okla. June 14, 2022), the Oklahoma Supreme Court concluded that seismic activity caused by water waste disposal wells in oil and gas operations...more

Adams and Reese LLP

A New Legacy for Legacy Litigation: Louisiana Supreme Court Limits Recovery in Act 312 Remediation Suits

Adams and Reese LLP on

On June 1, 2022, the Louisiana Supreme Court issued a significant ruling in the legacy litigation arena, settling once and for all the issue of what damages are available to landowners in oil and gas remediation lawsuits...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oil Contamination/Remediation: New York Court Considers Potential Liability of Insurance Company/Environmental Consultant

The New York Supreme Court – Appellate Division (Second Department) (“Court”) addressed in an October 20th Decision & Order (“Decision”) alleged damages associated with the remediation of oil contamination. See Bennett v....more

Robinson+Cole Environmental Law +

Court Denies Class Certification in Illinois Oil Spill Case

On October 5, 2021, the United States District Court for the Southern District of Illinois denied the plaintiffs’ Motion for Class Certification in Morr v. Plains All American Pipeline, LLC 2021 WL 4478660 (S.D. Illinois,...more

King & Spalding

Quantum Quarterly – Issue 12 – 4 Quarter 2020

King & Spalding on

Claimant is an Australian joint venture between Chile’s Antofagasta plc and Canada’s Barrick Gold Corporation. In 2006, Claimant became a party to a joint venture agreement between it and the Government of Balochistan with...more

Gray Reed

“Construction” of a Well Pad Requires More than a Survey

Gray Reed on

In Evans Resources, L.P., et al. v. Diamondback E&P, LLC, two agreements left the terms “constructed” and “utilized” undefined. If the terms had been defined would the outcome have been different? Maybe. Should parties define...more

Robins Kaplan LLP

Financial Daily Dose 1.13.2020 | Top Story: Labor Dept. Issues Stricter Joint Employer Test in New Rules

Robins Kaplan LLP on

Sunday’s release of a long-awaited Labor Department final rule on joint employment spells trouble for workers hoping to “sue large companies for wrongdoing by contractors or franchisees.” The rule reverses Obama-era policies...more

Gray Reed

The Duhig Rule Explained and Distinguished

Gray Reed on

Let’s talk the Duhig Rule and estoppel by deed in Texas. Don’t run away yet. We’ll get to the point quickly and then you can leave....more

Troutman Pepper

Ohio Appellate Court Finds That Coal Mining Entities Are Liable to Pipeline Operator for Preventative Measures to Protect Against...

Troutman Pepper on

Columbia Gas Transmission, LLC v. Ohio Valley Coal Co., 2019 BL 99544 (Ohio Ct. App. Mar. 21, 2019) - Columbia Gas Transmission, LLC (“Columbia”) operated a high-pressure gas pipeline. A portion of pipeline crossed land...more

Troutman Pepper

Contractor Has No Duty To Indemnify Gas Company For Settlement Paid To Injured Employee Under Florida’s Underground Facility And...

Troutman Pepper on

Peoples Gas Sys. v. Posen Constr., Inc., 2018 U.S. Dist. LEXIS 106427 (M.D. Fla. June 26, 2018) - In 2009 Posen Construction, Inc. (“Posen”), a road construction contractor, entered into a general contractor agreement with...more

Gray Reed

Texas Accomodation Doctrine Claim Repudiated

Gray Reed on

Harrison v. Rosetta Resources Operating LP presents a wacky? time-wasting? clever? unsuccessful attempt to expand reinvent the Texas accomodation doctrine....more

Gray Reed

Original Louisiana Lessee Can’t Escape Liability

Gray Reed on

Louisiana practitioners and their clients tend to know this particular point of Louisiana law, but it could surprise out-of-staters (known in their native habitat as “Texans”), so it’s worth a reminder...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America

US Courts Will Decide Whether to Enforce US$2 Billion Award Against Petróleos de Venezuela - In April 2018, an International Chamber of Commerce (ICC) tribunal awarded US$2.04 billion in damages to two subsidiaries of U.S....more

Baker Donelson

Gloria’s Ranch LASC Opinion

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In August 2017, we wrote about an opinion from the Louisiana Court of Appeal, Second Circuit in the matter of Gloria’s Ranch, L.L.C. v. Tauren Exploration, Inc. The Louisiana Supreme Court recently issued a highly anticipated...more

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