News & Analysis as of

Oil & Gas Statute of Limitations

Jones Day

Baltimore's Climate Change Lawsuit Dismissed

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In City of Baltimore v. BP, et al., court holds that nuisance and tort claims are preempted by federal law and beyond the limits of state law....more

Jones Day

U.S. Senators Release Long-Awaited Energy Permitting Reform Bill

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On July 22, 2024, U.S. Senators Joe Manchin (I-WV) and John Barrasso (R-WY) released a long-awaited energy permitting reform bill, which aims to accelerate the permitting process for critical energy, mineral, and related...more

Braumiller Law Group, PLLC

Braumiller-Law-Group - June 2024 Newletter

Recently, President Biden signed a foreign military support bill (H.R. 815) into law, which also encompassed the 21st Century Peace Through Strength Act (the Act), a legislative proposal introduced in the House containing...more

Oliva Gibbs LLP

The Suspense is Killing Me! – When Formal Notice May be Required Under North Dakota’s Suspense Statute

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In Powell v. Statoil Oil & Gas LP, the North Dakota Supreme Court found that failure to properly notify a suspended royalty owner of an alleged title defect may allow for statutory interest under North Dakota’s “Suspense...more

Stikeman Elliott LLP

Limitation Periods and the Environmental Protection and Enhancement Act

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The Alberta Court of Queen’s Bench (the “Court”) has added to the relatively sparse case law on whether an extension to a limitation period will be granted under section 218 of the Environmental Protection and Enhancement...more

Gray Reed

A Long-Running Dispute Over an Acquisition Agreement is Returned to the Trial Court

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This is another chapter in the long-running dispute between Eagle Oil & Gas Co. and. TRO-X, L.P.  The litigation arises out of an agreement to acquire and sell oil and gas leases. Here, TRO-X alleges that Eagle failed to...more

Gray Reed

Challenge to a Tax Sale Comes Too Late

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In a suit to foreclose a property tax lien, if the taxing authority does not exercise due diligence to support service of citation by a method other than by personal service can the owners, as a matter of due process, raise...more

Gray Reed

Limitations Bars an Heirship Proceeding

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Estate of Trickett was a dispute over heirship of Claralyn Trickett, possibly the wife of Robert Bowerman (who must have forgotten to divorce his previous wife)....more

Gray Reed

Lease Contamination Claim Squelched by Limitations

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In Swift Energy Operating LLC v. Regency Field Services LLC, claims for damage to leased minerals allegedly caused by contamination spreading from an H2S-CO2 injection well were barred by limitations. When the cause of action...more

Roetzel & Andress

Supreme Court Of Ohio Takes Up Oil And Gas Statute Of Limitations Question

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Recent litigation over statute of limitations issues in the context of oil and gas leases highlights the importance of diligence when analyzing ownership of mineral rights in the context of the validity of oil and gas leases....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Holds Directional Drillers Are Independent Contractors

The U.S. Court of Appeals for the Fifth Circuit recently held that a group of directional driller consultants were independent contractors, not employees, in large part due to their highly specialized skills, degree of...more

Perkins Coie

CEQA Year In Review 2018

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #4

Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - March 2018 #3

Pipeline CEOs Vow to Fight Back Against Environmental Activism and Sabotage - "Executives from some of the biggest energy infrastructure companies in Canada and the United States say their industry had been surprised by...more

Lewitt Hackman

FRANCHISEE 101: Out of Time, Out of Gas

Lewitt Hackman on

A California federal judge held that breach of contract claims brought by franchisees of two ARCO-branded gas stations against their franchisor BP West Coast Products were untimely, and declined to adopt the franchisees'...more

Holland & Knight LLP

Massachusetts Highest Court Clarifies When Claims for Permanent Property Damage Under Chapter 21E Accrue

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On Jan. 19, 2018, the Massachusetts Supreme Judicial Court (SJC) issued a decision in Grand Manor Condominium Association v. City of Lowell, 2018 WL 473078, which clarified, and some would say "changed," when a claim for...more

Gray Reed

Another Oil Field Contamination Plaintiff Waits Too Long

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Suggestions to Texas lessors after ExxonMobil v. Lazy R Ranch, et al: Claiming that you were not aware of contamination from oil spills you’ve know about for 20 years is a tough sell, and suing your long-time lessee for...more

Gray Reed

Limitations Runs on Nuisance Claims

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When must a neighbor sue for nuisance and trespass or else be barred by limitations? It’s a tricky question. In Town of Dish et al v. Atmos Energy et al, the Texas Supreme Court concluded that the claims were time-barred. The...more

Beveridge & Diamond PC

Texas Supreme Court Tosses Untimely Damages Claims, Leaves Open Possibility of Injunctive Relief

Highlighting the importance of proving a factual timeline in a statute of limitations analysis, the Texas Supreme Court held that a cattle ranch owners’ claims related to alleged contamination from long-dormant oil and gas...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - April 2017

ANTICORRUPTION DEVELOPMENTS – Former Magyar Telekom Executives Settle Bribery Charges – On April 24, 2017, the Securities and Exchange Commission (SEC) announced that two former executives of Magyar Telekom, a...more

Pillsbury - Gravel2Gavel Construction & Real...

Texas Supreme Court Reverses Two Court of Appeals Decisions Involving Environmental Issues

On February 24, the Texas Supreme Court released several decisions, including two rulings involving aspects of environmental law. The cases are ExxonMobil Corporation v. Lazy R Ranch, et al., and ExxonMobil Pipeline Company,...more

McGuireWoods LLP

Can the ‘Long-Ago’ Nature of Conduct Bar Punitive Damages — Even for Recent Injuries?

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Does the statute of limitations bar a claim for punitive damages if the conduct occurred outside the limitations period, but the plaintiff’s injuries occurred within it? An Illinois federal judge recently confronted this...more

Morrison & Foerster LLP

MoFo New York Tax Insights - Volume 7, Issue 8

ALJ holds that a Retailer Must File on a Combined Basis with a Related Intellectual Property Licensing Company - A New York State Administrative Law Judge has held that a retailer must file combined corporate franchise...more

Gray Reed

A Development in Trade-Secret Cases

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The big trade-secret case, Southwestern Energy v. Berry-Helfand, has been worked over by the Texas Supreme Court. Highlights: - Lack of certainty in damages does not preclude recovery. - A “Flexible and...more

Foley Hoag LLP - Environmental Law

The Statute of Limitations Narrows a Bit More on PSD Violations: Sierra Club Suffers a Self-Inflicted Wound

The law is full of fine distinctions. Today’s example? A divided 10th Circuit panel affirmed dismissal of the Sierra Club’s citizen suit claims against Oklahoma Gas and Electric concerning alleged PSD violations at OG&E’s...more

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