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Energy & the Law

Category Archives: Pollution

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Defendants Saved by Louisiana Subsequent Purchaser Rule

Posted in Pollution

Co-author Brooke Sizer Another Louisiana court has ruled that the Subsequent Purchaser Rule applies to damages following a mineral lease. In Bundrick v. Anadarko Petroleum Corp. it is the 3rd Circuit. The Rule: An owner of property had no right or actual interest in recovering from a third party for damage which was inflicted on the property before his purchase, in… Continue Reading

Lipsky Revisited – Details and Debate

Posted in Hydraulic Fracturing, Litigation, Pollution

I often wonder if anybody actually reads our modest, quasi-weekly offerings. They do! And they respond! To criticize!  I earn my keep being “critiqued” by impatient judges, aggressive opposing counsel and, occasionally, less-than-happy clients, so – challenge accepted. “Critique” One: Lipsky was not Range’s lessor, therefor I know nothing about the case. Surely, this person lives in my house, where I enjoy a… Continue Reading

How Are the Texas Anti-SLAPP Statute and Jade Helm 15 Alike?

Posted in Hydraulic Fracturing, Litigation, Pollution

May a court “draw rational inferences from circumstantial evidence” when determining if a plaintiff  has met its burden in a suit in which the defendant has invoked the Texas Citizens Participation Act . That was the question in In re Lipsky. What is The Anti-SLAPP Statute? The purpose of the TCPA (the “Anti-SLAPP” statute) is to protect citizens from… Continue Reading

Hydrocarbon Exposure Reconsidered

Posted in Litigation, Pollution

Co-author Maryann Zaki You might recall previous entries (here is one) discussing the $2.9 million Dallas County verdict and judgment in Parr v. Aruba. Not all similar suits have the same result. Michael and Myra Cerny sued Marathon Oil Corp. and Plains Exploration & Production Company, alleging, as in Parr,  private nuisance, negligence, and negligence per se…. Continue Reading

A Plaintiffs’ Jury Verdict in a Texas Fracing Case

Posted in Hydraulic Fracturing, Pollution

Co-author Maryann Zaki In case you’ve been living in your van down by the river, you’ve heard that a Texas jury awarded $2.9 million to landowners in a case involving alleged hydrocarbon exposure due to hydraulic fracturing operations. Here is the jury verdict. The Parrs sued Aruba Petroleum, alleging that drilling and fracing at Aruba’s 22 wells located within two miles of… Continue Reading

Mixed Result in a Louisiana Legacy Pollution Case

Posted in Lease Disputes, Pollution

Co-author Ann Weissmann The Dietz family sued several lessees for injunctive relief and restorative damages arising out of leases on two non-contiguous tracts in Acadia Parish. In Dietz, et al. v. Superior Oil Company, et al  the trial court granted the lessees’ dilatory exceptions of prematurity and improper cumulation and dismissed the plaintiff’s suit without… Continue Reading

Louisiana Addresses Legacy Pollution Claims

Posted in Litigation, Pollution

  Louisiana Governor Bobby Jindal signed into law two bills significantly revising Louisiana’s oilfield cleanup statute, La. R. S 30:29. The new law affects the procedures for remediating oil field pollution and resolving oilfield contamination claims.  The purupose is to expedite the remediation process and the resolution of claims. For the highlights that were important to the Louisiana Oil and Gas Association,… Continue Reading

In a Legacy Pollution Suit Plaintiff Gets the Jalopy, not the Mercedes

Posted in Pollution

You’re driving while texting your engineers about enhancing reservoir performance with LPG gel fracturing technology, and you rear-end a broken-down 15-year old Kia. The owner demands to be made whole. Is he entitled to the equivalent of another jalopy just as good as the one he had or, say, the brand-new Mercedes he says he needs? The Louisiana Supreme Court, in its latest… Continue Reading