Energy Law

MMS' Offshore Texas Lease Sale Successful

Posted on August 23, 2007
MMS's August 22, 2007 Western Gulf of Mexico lease sale offered 3,338 tracts, or approximately 18 million acres, offshore Texas.  Forty-seven companies participated, submitting 358 bids on 282 tracts.  The total of all bids received was $369,496,840...

Fifth Circuit Rejects Takings Claim

Posted on August 07, 2007
In Haspel & Davis Milling & Planting Co., Ltd. v. Board of Commissioners of the Orleans Levee District, the United States Court of Appeals for the Fifth Circuit reversed a grant of summary judgment in favor of plaintiffs on a takings claim.  In 1984, the Louisiana Legislature ordered the Levee Board to return land expropriated to build the Bohemia Spillway to its former owners and to provide them with an accounting of all revenues received from the property...

OPA Does Not Preclude State Law Claims for Additional Compensation

Posted on August 07, 2007
By Drew SpaniolThe Eastern District of Louisiana recently held that the Oil Pollution Liability and Compensation Act (OPA), 33 U.S.C. § 2701 et seq., does not preclude a plaintiff from bringing state law claims for additional liability or compensation...

Louisiana Operators Are Not Responsible For Making Non-Participants' Royalty Payments Before Payout

Posted on August 01, 2007
By Dana DouglasThe Louisiana First Circuit Court of Appeal recently held that an operator is not responsible for payment of a non-operator's royalties and overriding royalties before payout.  In Gulf Explorer, LLC v. Clayton WIlliams Energy Inc., 2007 WL 1651090 (La...

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MMS To Prepare Environmental Assessment For Lease Sale 206 (Central Gulf)

Posted on July 10, 2007
On June 27, 2007, the Minerals Management Service (MMS) issued its notice advising the public of its intention to prepare an Environmental Assessment (EA) for proposed OCS Lease Sale 206, which is the Central Gulf of Mexico lease sale to be held in March 2008...

EPA and Army Corps of Engineers Publish Joint Guidance

Posted on July 06, 2007
By Robert E. Holden and Monica Derbes Gibson The Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers have released long-awaited guidance addressing jurisdictional determinations under the Clean Water Act (CWA) in the wake of Rapanos v...

Louisiana Allows Recordation of Memorandum of Mineral Lease

Posted on June 27, 2007
By Collette RossThe Louisiana legislature has amended Louisiana Revised Statute § 44:104(E) to allow a notice of a mineral lease to be recorded for public records purposes instead of the full lease.  Filing a memorandum or extract of a mineral lease was formerly permitted by Louisiana Revised Statute § 9:2721...

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