News & Analysis as of

Good Faith Oil & Gas

White & Case LLP

Australian Federal Government Publishes Proposed East Coast Gas Market Code of Conduct for Consultation

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On 26 April 2023, the Australian Federal Government published its proposed Mandatory Code of Conduct for the supply of wholesale gas in the East Coast Gas Market. The draft Code continues the existing $12/GJ price cap...more

Cadwalader, Wickersham & Taft LLP

Delaware Supreme Court Enforces Partnership Agreement’s Unambiguous Exculpation Provision Waiving Fiduciary Duties and Presuming...

On December 19, 2022, Chief Justice Seitz issued an opinion for a unanimous Delaware Supreme Court, sitting en banc, reversing and remanding the Delaware Court of Chancery’s decision in Bandera Master Fund LP v. Boardwalk...more

Dechert LLP

Russia Sanctions: Where Are We Now and What Could Be Next?

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Since February 2022, the United States, United Kingdom, and European Union have imposed unprecedented economic sanctions on Russia and various Russian entities and individuals in response to the war in Ukraine. Actions have...more

Gray Reed

Louisiana Pipeline Intrusion Case Remanded to Determine a Remedy

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The baseball season might be in jeopardy, but litigants are swinging for the fences. In Mary v. QEP Energy, the parties entered into a Pipelins Servitude Agreement over Ms. Mary’s 160 acres. One of QEP’s pipelines extended...more

Gray Reed

Louisiana Federal Court Allows Injunctive Relief Under FERC Certificate of Public Convenience and Necessity

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Resistance was futile for defendants opposing a temporary injunction sought by a party armed with a FERC Certificate of Public Convenience and Necessity that includes condemnation rights under the Natural Gas Act....more

Gray Reed

Louisiana Coastal Zone Litigation Likely to Remain in Federal Court

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In Plaquemines Parish et al. v. Chevron et al., the U. S. Fifth Circuit has ruled on whether 42 suits brought by six parishes and the Louisiana Attorney General against a number of oil companies belongs in federal court or...more

Hogan Lovells

Coronavirus: The Hill and the Headlines – COVID-19 D.C. Update – May 2020 #13

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In Washington: President Trump signed an executive order Tuesday directing federal agencies to ease up on businesses that make good-faith attempts to follow agency guidance and regulations during the coronavirus pandemic....more

Gray Reed

Louisiana Servitude Extended by Good Faith Drilling

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The question in Cannisnia Plantation, LLC v. Cecil Blount Farms, LLC was whether a well was drilled in good faith in order to interrupt the running of prescription on a Louisiana mineral servitude....more

BCLP

Joint Operating Agreements: What have we learned from the High Court’s decision in TAQA v Rockrose

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On Friday 17 January 2020, the High Court gave its judgment in the TAQA Bratani v Rockrose case (TAQA Bratani Ltd and others v. RockRose UKCS8 LLC [2020] EWHC 58 (Comm)). In this judgment, the Court held in favour of the...more

Bracewell LLP

JOAs: “Good Faith” and the implied qualification of express contractual powers

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There have been a number of recent English Court decisions concerning implied obligations of good faith. In May 2019, we considered the potential impact of those decisions on joint operating agreements in the oil & gas...more

Gray Reed

Louisiana Operator’s Bad Faith Does Not Preclude Recovery

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Under Louisiana law, does the operator’s bad faith preclude recovery for the non-operator’s breach of a joint operating agreement if the operator caused the non-operator to breach the JOA but did not itself breach?...more

Gray Reed

What is the Test For Good Faith in the Louisiana Civil Code?

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In Mary et al. QEP Energy Company  the question was, given an encroachment of a pipeline onto the property of another, what is the test for determining the good faith, or not, of the party in possession?...more

White & Case LLP

Contractual duties of good faith in "relational contracts"

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In a long running group litigation between a number of Sub-Post Masters and Post Office Limited, Mr Justice Fraser, sitting in the English High Court, has given detailed consideration of the issue of relational contracts in...more

Bracewell LLP

Obligations of Good Faith in JOAs - The Impact of Recent Decisions on 'Relational Contracts'

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In the international upstream oil and gas exploration and production industry, joint operating agreements (“JOAs”) are the key agreements which govern the terms upon which oil and gas companies regulate their upstream joint...more

Gray Reed

Railroad Commission Not Off the Hook for Plugging the Wrong Well

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“You are my friend, kind of.” Hush Puppy, as she stares down the Aurochs in Beasts of the Southern Wild. Is our “friend” the Texas Railroad Commission? Gulf Energy bought a package of offshore wells out of bankruptcy....more

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