The availability of excess remediation damages, which are damages for additional remediation beyond state regulatory standards that can be pocketed by landowners instead of deposited with the court, has been a hotly contested issue in Louisiana legacy cases involving oilfield remediation claims governed by Act 312 (La. R.S. 30:29). On April 19, 2024, the Louisiana First Circuit Court of Appeal issued an opinion in which it affirmed the dismissal of the landowner’s claim for excess remediation based on implied lease obligations against BP America Production Company. See Louisiana Wetlands, LLC ..read more

On April 17, 2024, the Environmental Protection Agency (“EPA”) issued a Civil-Criminal Enforcement Coordination Policy (“Policy”) that requires EPA’s civil and criminal enforcement offices to collaborate throughout the planning and enforcement process. This Policy, which is effective immediately, emphasizes EPA’s new approach to maintaining and strengthening the partnership between civil and criminal enforcement in an effort to provide clarity and consistency to those involved in the enforcement process. The Policy changes EPA’s previous approach to its enforcement program, which it states ha ..read more

On April 15, 2024, the Bureau of Ocean Energy Management (“BOEM”) released a prepublication of its highly anticipated final rule revising financial assurance requirements for oil, gas, and sulfur operations on the federal outer continental shelf (“OCS”). The new rule – designed to ensure OCS decommissioning obligations (i.e., permanent plugging of wells, removal of platforms, facilities, and obstructions, and environmental remediation) are not borne by the federal government – requires an OCS lessee and/or grant holder provide supplemental financial assurance beyond base level amounts if BOEM ..read more

Three Carbon Capture & Storage (CCS) bills sponsored by Chairman Geymann are scheduled for a vote on the House Floor this afternoon:  HB 492 defines eminent domain authority for pipeline transportation related to CCS and provides a clear procedure for obtaining that eminent domain authority.  HB 492, however, removes existing eminent domain authority for storage operators relative to pore space rights, which is being replaced by unitization as set forth in another Chairman Geymann bill, HB 696. HB 696 by Chairman Geymann creates the authority for unitization of CCS reservoirs ..read more

Liskow lawyers Cherrell Taplin and Melanie Derefinko recently secured a ruling in their favor dismissing the entirety of Plaintiffs’ claims against Liskow’s client, ExxonMobil Product Solutions Company (“ExxonMobil”).  Gerren Jenkins, along with his wife and children, initiated the personal injury lawsuit against ExxonMobil, Gulf Intermodal Services, LLC, and Park Avenue Intermodal, LLC.  Read the full post on Liskow’s Gulf Coast Business Law Blog here. Disclaimer: This Blog/Web Site is made available by the law firm of Liskow & Lewis, APLC (“Liskow & Lewis”) and the individ ..read more

Three bills relating to Carbon Capture & Storage (CCS) projects sponsored by Chairman Geymann passed favorably out of the Louisiana House Committee on Natural Resources and Environment. The description of those bills can be found below: HB 492 by Chairman Geymann was originally filed to make a limited grammatical change to the eminent domain provision for CCS projects, but served as a placeholder bill for Chairman Geymann to make amendments during committee.  The amendments to HB 492 included important clarifications for eminent domain relative to transportation for CCS projects, pa ..read more

On February 8, 2024, the Environmental Protection Agency (“EPA”) proposed two rules that would: (1) amend the regulatory definition of hazardous waste applicable to RCRA corrective actions to address releases from solid waste management units at treatment, storage, and disposal facilities (“TSD facilities”), and (2) add nine per- and polyfluoroalkyl substances (“PFAS”), their salts, and their structural isomers to the hazardous constituents list of RCRA. These proposed rules, if adopted, would provide EPA with a heightened authority to regulate PFAS. Definition of Hazardous Waste Applicable t ..read more

The Louisiana Legislative Session continues to address Carbon Capture and Storage (CCS) with several bills up for discussion by the Committee on Natural Resources tomorrow, Tuesday, April 9, at 9 a.m. The proposed bills touch upon unitization, eminent domain, liability concerns, and revenue dedication of CCS within the state. The descriptions of the five bills can be found below: HB 169 (Carter), provides relative to liability and damages resulting from carbon sequestration HB 492 (Geymann), provides relative to eminent domain HB 696 (Geymann), authorizes unitization for carbon dioxide seque ..read more

Liskow lawyers Cherrell Taplin and Melanie Derefinko recently secured a ruling in their favor dismissing the entirety of Plaintiffs’ claims against Liskow’s client, ExxonMobil Product Solutions Company (“ExxonMobil”).  Gerren Jenkins, along with his wife and children, initiated the personal injury lawsuit against ExxonMobil, Gulf Intermodal Services, LLC, and Park Avenue Intermodal, LLC.  Read the full post on Liskow’s Gulf Coast Business Law Blog here. Disclaimer: This Blog/Web Site is made available by the law firm of Liskow & Lewis, APLC (“Liskow & Lewis”) and the individ ..read more

This has been a great week for Carbon Capture and Storage (CCS) in Louisiana. The first round of bills on CCS went forward yesterday, April 4. Four bills aiming to regulate or restrict CCS activities were scheduled by the House Natural Resources & Environment Committee and did not pass. One moved forward with amendments to the House floor. DEFEATED/DEFERRED: HB 276 (Carter), requires that CCS projects comply with local land use and zoning ordinances.   HB 280 (Coates), prohibits the permitting of any structures which protrude above the surface of L ..read more