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News and Updates on Oil & Gas Legal Issues

Category Archives: Environmental

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Federal Appeals Court Prevents Environmental Group from Suing Over Gas Well Estimates

Posted in Environmental
On May 30, 2017, the United States Court of Appeals for the Eighth Circuit dismissed a lawsuit brought by an environmental group accusing the U.S. Forest Service of ignoring the environmental impact of natural gas drilling in the Ozark National Forest that was approximately 860% above what its prior analysis assumed.  Without addressing the merits… Continue Reading

Will Things Be Different in Cameron Parish?

Posted in Environmental
It was only a matter of time before the suits based on alleged violations of the Coastal Zone Management Act made their way to Louisiana’s largest, but most desolate parish: Cameron Parish. Earlier this year, about 11 suits were filed against a number of oil, gas and pipeline companies that largely mirrored those pending in… Continue Reading

Coastal Use Permits: Don’t Think You’re Done

Posted in Environmental
So you have complied with your environmental management order, sampled in accordance with your coastal use permit, and think you’re done.  But you’re not.  The coastal use permit – regardless of whether general or site specific – requires that you revisit the site and provide photographs and other documentation of the site one year after… Continue Reading

D.C. Circuit Requires EPA to Implement Environmental Regulations More Strictly

Posted in Environmental
On December 23, 2014, the United States Circuit Court for the District of Columbia Circuit issued an opinion that may signal a trend towards a more interventionist court.  This opinion could have far-reaching implications for the Environmental Protections Agency (EPA) and its ability to modify compliance standards based on practical considerations, as well as for… Continue Reading

Coastal Use Permits: General or Site-Specific?

Posted in Environmental, News
Since my June 11th post addressing coastal use permits (CUPs) in the context of environmental management orders (EMOs), I’ve learned another lesson in accounting for the timing of when a CUP will be issued and the effect the timing may have on the parties.  Even though parties have generally sought general permits, there are times when… Continue Reading

Preliminary Hearings in Legacy Litigation – Preliminary in Theory, Not So Preliminary in Practice

Posted in Environmental, News
In 2012, the Louisiana Legislature enacted several revisions to Louisiana’s law governing lawsuits seeking remediation of land contaminated by oil and gas exploration and production activities. One of the major amendments to La. R.S. § 30:29 (commonly called “Act 312”) is the new provision for a preliminary hearing. Within 60 days after being served with… Continue Reading

Will the proposed legislative changes reign in legacy lawsuits and bring energy development back to Louisiana?

Posted in Environmental, News
Legacy lawsuits unfortunately have become a way of life in Louisiana. Landowners with historic exploration and production operations (and speculators purchasing the rights to sue from prior landowners) line up for their chance to win the “Louisiana Environmental Lottery.” Gone are the days when the landowner and operator would resolve their differences on their own,… Continue Reading