Drill Deeper Blog Archives - Gordon Arata Montgomery Barnett

2023 Changes to Louisiana’s Summary Judgment Procedure
Fifth Circuit Certifies Post-Production Costs Question to Louisiana Supreme Court
Unleashing the Potential of AI in the Oil and Gas Industry
It’s Getting Hot Out There, and Landlords Need to Take Notice
UPDATE: Plaintiffs’ Dilemma: The Inability to Collect on Judgments Against Louisiana
Taking A Look Under The Hood: A Glance At The Corporate Transparency Act
Don’t Fall Flat on Your Assessment. The Property Tax Appeals Deadline is August 18, 2023!
“ALL RISE!”: An Introduction to the Business Court of Texas and Its Function
BOEM Proposes a Major Overhaul of Additional Financial Assurance Bonding Requirements for Pipeline Right-of-Way Holders
Making Moves: Government-Mandated Pipeline Relocations
Callin’ Baton Rouge: a Recap of the EPA’s Primacy Hearings at the Capital
Data Security Is Your Problem Too, But You Can Do Something About It
Louisiana Moves Forward with Its FoCCuS on Carbon Capture and Sequestration
Acquisitive Prescription Can Be Difficult to Prove, but Title Opinions Help
Keeping it Cool for the Summer: a Mid-Session Legislative Update, Louisiana’s Primacy Application, and Carbon Capture Demonstration Awards
IRS flexes its muscle, to gig your side hustle.
Gordon Arata Supports New Civil Liberties Alliance with Landmark Win in the U.S. Court of Appeals for the Fifth Circuit
The Willow Project
Update: Supreme Court Weighs in on Overtime Pay Under the FLSA
When Does a Failure to Train Constitute Racial Discrimination in Employment?
To Compete or Non-Compete: The FTC’s Proposed Rule to the Latter
IRS announces delay for implementation of $600 reporting threshold
Using Old Platforms in the Gulf for Alternative Energy Projects
Fight Over Louisiana’s Coastal Wetlands to Move Forward in State Court
A Bank’s Exculpatory Clause Offers No Shield for Damages for Bank’s Mistake in Oil and Gas Lease Management – the Difference in a “Mistake” and a “Mistake in Judgment”
An Overview of the 2022 Amendments to La. R.S. 30:10, the Louisiana Risk-Fee Statute
Act 555 Adopted to Prevent Orphan Solar Farms
Right of Way or Wrong of Way? Midstream Companies Need to Check Agreements Before Converting Existing Pipelines to Transport Carbon Dioxide
Court reinstates ban on federal lease sales, sort of, but it may not matter
Louisiana Legislature tweaks rules for single-member LLCs
Gone with the Wind: Louisiana’s Legislative Foray into Wind Energy Projects in the Gulf of Mexico
Wastewater Plant Has Right to Jury Trial in Oil Spill Cleanup Costs Litigation
Revitalized Superfund Excise Taxes go into effect July 1, 2022
Update: Supreme Court to Weigh in on Overtime Pay Under the FLSA
Lease Sale 257 Continues to Tease Us
A Landman’s Ignorance of the Law Offers No Shield to Forfeiture
Orphans No More? Federal Infrastructure Law to Fund Clean Up of Orphaned Wells
Court Ends States’ Fight Over the Keystone XL Pipeline
Energy Companies Bid a Combined $192 Million in BOEM Oil and Gas Lease Sale for the Gulf of Mexico
Texas Supreme Court Declines to Establish Bright-Line Rule that Accepting Royalty Checks Ratifies Unauthorized Pooling
BOEM Resumes Oil and Gas Lease Sale for the Gulf of Mexico
Implied Ratification of Pooling—Cashing Checks Ain’t Enough Anymore
Update: Full Fifth Circuit Weighs in on Overtime Pay under the FLSA
IRS Provides Tax Relief for Victims of Hurricane Ida
Louisiana to join U.S. Climate Alliance, become carbon neutral by 2050
Federal Onshore and Offshore Oil and Gas Leasing to Resume While the DOJ Appeals Federal Court Injunction
Balancing the SCALE: What the Passage of The SCALE Act Could Mean for Louisiana’s Energy Future
Texas Supreme Court Weighs in on Who Is Required to Sign a Correction Instrument
A Short-Lived Legacy: Redefining Damage Awards in Oilfield Legacy Litigation
This Land Is Your Land, This Land is Pipeline Land: The Supreme Court Rules in Favor of Congressional Delegation of Eminent Domain Authority to Pipeline Developers
Fifth Circuit Blocks Attempts at Arbitrating after Commencing Litigation
Biden “Pause” on New O&G Leases Enjoined Nationwide
Amending Texas CPRC § 38.001: A “More Equal” Means For The Recovery Of Attorneys’ Fees In Texas
Supreme Court Rules Nearly Half of Oklahoma is Owned by Sovereign Tribes; Oil and gas producers express concern about regulatory changes
Non-Apportionment—The Law of the Land…or is it?
A Louisiana Legacy Case Finds Its Way Into Federal Court
Good Faith Purchaser Survives Suit Over Sellers’ Subsurface Trespass
BOEM Calls Off Upcoming Gulf of Mexico Lease Sale
Biden Administration “pauses” new oil and gas leases on federal lands
Tempers Flare Over Whether Tool Pushers May Receive Overtime
In Mineral Lease Conflict, the Supreme Court of Louisiana Fills a Gap in Louisiana Obligations Law
BOEM’s Lease Sale 256 Reflects Operator Enthusiasm Despite Challenges Created by COVID
Efforts to Reduce Louisiana Oil and Gas Severance Taxes Stalled in 2020 Regular Session
Another Texas Appellate Decision Denies Common Carrier Status for Proposed Pipeline
The Louisiana Senate Weighs in on the Coastal Zone Suits
Labor Law Development: Day Rate Employees Are Eligible for Overtime Pay
How Marine Operators Are Coping with COVID-19
Desperate Times Call for Desperate Measures-Texas Lien Law
Federal Court Rules Demand From Owner Inadequate, Penalty Against Operator Too Harsh
Federal Court Affirms Sublessee’s Liability for Original Lessee’s Obligations
Mineral Lessees: Ask Before You Act
Pugh Clauses: A Primer
Texas Supreme Court Refuses to Inject “Reasonableness” Standard when Interpreting Unqualified Consent-to-Assign Clause
BSEE and BOEM Pull Primary Fiscal Lever to Spur Shelf Activity
1995 Law Allows Producers to Save $18 Billion in Royalties
That Pugh Clause—Does it Really Mean What You Think It Means?
The Push to Penalize Pipeline Protests
Breach as a Threshold to Damages Limitations: A Look at Apache Deepwater, LLC v. W&T Offshore, Inc.
U.S. Supreme Court Clarifies When State Laws Apply on the OCS
New Clarifications from BSEE on Suspensions of Production and Operations
3rd Circuit Rules Favorably for Oil Producers
Blame Game Continues Under Texas Indemnification Law
Louisiana 5th Circuit Greenlights Permit For New Pipeline
Strict Liability for Ultrahazardous Activities Under Former Civil Code Article 667
5th Circuit Pumps Brakes on Royalty Owner Class Certification
Industry Expects US Shale Growth to Offset Global Production Problems
Take Heed to Avoid Being Cast a Single Business Enterprise
The 5th Circuit Allows Debtor Mineral Lessee to Avoid Breached Settlement Agreement with Mineral Lessor
Louisiana Supreme Court Settles Two Important Questions Under the Mineral Code
BOEM Proposes Beaufort Sea Lease Sale for 2019
Reverberations from Trump’s Steel Tariffs Likely to Reach the Oil and Gas Industry
Can Parties Form an Enforceable Contract to Sell Assets Based on Exchanged Emails When the Bid Procedure Required a Purchase and Sale Agreement? Texas Court of Appeals says Maybe
Louisiana First Circuit Tosses Out Commissioner of Conservation Order
U.S. 5th Circuit Rejects OCSLA-Based Criminal Charges Against Contractors
BSEE Finally Allows Pipeline ROWs To Be Co-Owned
BLM Moves to Rescind Federal Fracking Regulations
Noble Energy Gets More Than It Bargained For in Bankruptcy Purchase
Federal Appeals Court Prevents Environmental Group from Suing Over Gas Well Estimates
BSEE Extends Time OCS Lease Remains in Effect After Cessation of Operations or Production
Louisiana Department of Revenue Attempts to Rewrite Crude Oil Purchase Agreements in an Effort to Collect More Severance Taxes
5th Circuit Upholds “Subsequent Purchaser Rule” For Mineral Leases
Recent Developments on Interrupting Prescription of Non-Use of a Mineral Servitude
Courts At Odds Whether Non-Operator Lessees Can Invoke LA. R.S. 30:103.1 and LA. R.S. 30:103.2
Update: BOEM Withdraws Sole Liability Orders Issued Under NTL 2016-01
Texas appellate court rules that mineral leases with municipalities are worth more than the paper they are written on
BOEM Delays NTL 2016-01 for Non-Sole Liability Properties
What Does the Future Hold for BOEM’s Financial Assurance Requirements?
Louisiana’s Law of Reversionary Mineral Interests Revisited
Interpretation of Depth Limitation Clauses in Mineral Transfers
Protecting Operators Who Act In Reliance on an Order of the Commissioner of Conservation
Boustany Introduces “Ending Legacy Lawsuit Abuse Act”
Governor Edwards and Attorney General Landry Still at Loggerheads Over Potential Oil and Gas Lawsuits
Legislature Establishes New Requirement for Changing the Operator of a Well
Lease Division in Louisiana – “The Times They Are A-Changin’”
Amendment to Louisiana Risk Fee Statute Closes Loophole Shown by Recent Case
BOEM Issues NTL Implementing Major Changes to its Financial Security Requirements for the OCS
Louisiana Supreme Court Denies Writs
Will Things Be Different in Cameron Parish?
Can the Government Keep Changing the Rules for its Existing Contracts?
Louisiana Water Bottoms and the “Freeze Statute”
Adjacent Lands Clauses in Mineral Leases
BOEM Publishes Final Rule for Leasing in the OCS
Louisiana Revised State Lease Form Update; Critical Meeting in Baton Rouge on May 11
Emergency Rule of Office of Conservation Provides Relief
Pipeline Safety Legislation Picks Up Steam
Preemptive Authority of Commissioner’s Actions Affirmed
“New York City?? Get a Rope!” Considering Chapter 11 Venues for Distressed Oil and Gas Companies
Beware of Louisiana Severance Tax Assessments on Crude Oil
IBLA Upholds Decommissioning Order Against OCS Lease Assignor
Hayes Fund Comes Undone
Plaintiffs’ Day in (Federal) Court
Louisiana Mineral Board Seeks Comments to Proposed New Lease Form
A Snapshot of Louisiana’s Risk-Fee Statute
BOEM Proposes Major Changes to its Financial Security Requirements for the OCS
5th Circuit Slaps Down Another Oil and Gas Insurer for Denying Coverage
5th Circuit Rules Which BP Stockholders May Sue as a Class
Changes to Louisiana Law on the Pledge of a Lessor’s Rights in a Lease of an Immovable and its Rents
Coastal Use Permits: Don’t Think You’re Done
The Cost of FRACKLOGGING
Refrac Obligations Under Model Form JOA-How Will Louisiana Courts Interpret?
You Can Run But You Can’t Hide: U.S. Supreme Court Rules That Interstate Pipeline and Gas Companies Can Be Sued in State Court under State Antitrust Laws
Legal Battle Over New Federal Fracking Regulations
Of Industry’s Bondage: BOEM Set to Modernize Financial Security Program
The Impact and Opportunities of Falling Oil Prices
Say What You Mean, and Mean What You Say – A Review of Recent Decisions Interpreting Mineral Reservations Under Louisiana Mineral Code Article 74
The Louisiana Oil Well Lien Act
Update: Supreme Court Declines to Review New Bonding Requirements for Existing OCS Leases
Changes in Store to the U.S. Crude Oil Export Ban?
Coastal Use Permits: General or Site-Specific?
Recent Department of Labor Enforcement Actions against Oilfield Services Contractors
Potato, Potahto, Tomato, Tomahto, Let’s Call the Whole Thing Off!! Act 544 and the SLFPA- East
Supreme Court Asked to Review New Bonding Requirements for Existing OCS Leases
Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr-McGee Rocky Mountain, LLC: The 3rd Circuit Gives Plaintiff Landowners the Cream Without the Calories
Louisiana Title Examiners, Take Note of Recent Change in the Mineral Code on Prescription
SEC Sued To Implement Rule for Oil Company Disclosure on Government Payments
Unitization Victory for E&P Companies at Louisiana Supreme Court
A Litigator’s Perspective on the Purchase and Sale Agreement (PSA)
Study Reveals Oil and Gas Industry is a Major Economic Driver in Louisiana
5th Circuit Broadens Insurance Coverage for Many E&P Companies
Environmental Management Orders: Don’t Forget About Coastal Use Permits!
Louisiana Governor Signs Legislation to Halt Levee Board Suit
Louisiana at the Forefront of LNG Exportation
A Closer Look at “Clovelly” – A Common Sense Approach
Preliminary Hearings in Legacy Litigation – Preliminary in Theory, Not So Preliminary in Practice
Louisiana Severance Tax Incentives
NGP Capital v. ATP
Will the proposed legislative changes rein in legacy lawsuits and bring energy development back to Louisiana?
Revised BOEM transfer forms available – effective, March 19, 2014
Mexico Energy Reforms
Environmental Management Orders: Timing Is in the Eye of the Beholder
Oil Field Confidential: Protecting Seismic Data and Other Trade Secrets
2014 OCS Regulatory Priorities – The Safety Dance

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