On May 31, the Louisiana Legislature passed HB 492 expressly providing that a pipeline company has authority to expropriate property rights for pipelines transporting carbon dioxide for Carbon Capture & Storage (CCS) projects.  This bill is one of several bills related to CCS projects introduced this legislative session. Prior to HB 492, the text of Louisiana Revised Statute 19:2(12) limited expropriation authority to entities engaged in the business of CCS, arguably excluding pipeline companies who only transport carbon dioxide for CCS projects.  Additionally, the prior version ..read more

On May 21, 2024, a group of 20 states, including Louisiana and Texas, filed an action in North Dakota district court challenging the Council on Environmental Quality’s (“CEQ”) finalized amendments to its National Environmental Policy Act (“NEPA”) regulations, arguing that the rule seeks expanded environmental review without statutory authority. State of Iowa v. CEQ, 1:24-cv-00089. This suit is a facial challenge to the NEPA regulations that CEQ finalized on May 1, 2024. The finalized CEQ regulations are very similar to the proposed changes, published on July 31, 2023, and they seek to make si ..read more

In a recent decision, the United States Supreme Court held that Section 3 of the Federal Arbitration Act requires a court to stay a proceeding pending arbitration and provides no discretion for the court to dismiss the action. In Smith v. Spizzirri,1 the Supreme Court settled a significant circuit split on the interpretation of Section 3 of the Federal Arbitration Act (“FAA”). Whereas the Second, Third, Sixth, and Seventh Circuits held that Section 3 of the FAA mandated a stay of court proceedings, the First, Fifth, Eighth, and Ninth Circuits held that a district court had discretion to dismi ..read more

In a recent decision, the United States Supreme Court held that Section 3 of the Federal Arbitration Act requires a court to stay a proceeding pending arbitration and provides no discretion for the court to dismiss the action. In Smith v. Spizzirri,1 the Supreme Court settled a significant circuit split on the interpretation of Section 3 of the Federal Arbitration Act (“FAA”). Whereas the Second, Third, Sixth, and Seventh Circuits held that Section 3 of the FAA mandated a stay of court proceedings, the First, Fifth, Eighth, and Ninth Circuits held that a district court had discretion to dismis ..read more

Liskow is proud to welcome Caroline Lafourcade, a Board Certified Tax Law Specialist (as certified by the Louisiana Board of Legal Specialization) and leader in the Louisiana tax law bar to the firm. Caroline joins the firm’s New Orleans office as a shareholder and brings nearly 30 years of experience advising individuals and businesses on federal taxation and Louisiana state and local tax matters. Caroline’s arrival coincides with the Louisiana legislature’s examination of a proposal from Louisiana Governor Jeff Landry and other state legislators to overhaul the state’s tax system as early as ..read more

The EEOC recently issued its final regulations interpreting the Pregnant Workers Fairness Act (the “PWFA”). The final rule, which becomes effective June 18, 2024, provides clarity regarding: (1) who and what types of limitations and medical conditions are covered under the PWFA; and (2) what accommodations are reasonable. The bottom line is that employers will be hard-pressed to justify denial of accommodations to employees whose activities are limited due to pregnancy, childbirth, or related medical conditions. Who may request a reasonable accommodation under the PWFA: The PWFA requires ..read more

On May 3, 2024, the Treasury Department finalized regulations for the extension of time to make certain elections pertaining to the Generation Skipping Tax (GST) including elections for exemption allocations under section 2642(g). The regulations were first proposed in 2008 to identify how the IRS will determine whether to grant an extension of time to make elections for not having the automatic allocation of GST exemption apply to a direct skip, to an indirect skip or transfers to a particular trust, and to treat any trust as a GST trust. The proposed regulations also included procedural requ ..read more

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

Since Treasury Regulation Section 301.6109-1(h)(2)(i) took effect in 1997, the Internal Revenue Service (IRS) has permitted disregard entities, including single member limited liability companies, to use the Employee Identification Number (EIN) of its owner (unless the disregarded entity has employees). Unfortunately, and without any regulatory authority, the Financial Crimes Enforcement Network (FinCEN) is not permitting disregarded entities to use their owner’s EIN for purposes of beneficial ownership reporting.  Certain banks also now are requiring that, to open a bank account, a singl ..read more