The Securities and Exchange Commission proposed – by a 3-1 vote – a comprehensive new set of rules (the “proposals”) in an effort to enhance and standardize the climate-related disclosures provided by public companies.[1] According to SEC
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Who’s in Control with Your Account Control Agreement?
Account control agreements are common in loan transactions where cash held in a bank deposit account or securities and other investment property held in a securities account maintained with a financial intermediary are pledged as collateral. See La. R.S. 10:9-314,
CBP Issues Further Guidance with Respect to Application of Jones Act to the Offshore Wind Market
Yesterday the U.S. Customs and Border Protection (“CBP”) published a new ruling on Jones Act compliance in the installation of offshore wind turbines. While the ruling addresses and confirms several established compliance points in the rapidly developing U.S. wind market,
The Major Questions Doctrine and its Effect as a Limiting Factor for Sweeping Environmental Regulation
Recent developments in the challenge to an executive order from the Biden Administration in Louisiana v. Biden suggest that the “major questions” doctrine may begin to play a large role in the future of environmental law and regulations. While the
Louisiana Third Circuit Affirms that LDNR Can Only Recover Emergency Response Costs Under La. R.S. 30:93(A)(4) from the Operator of Record and its Working Interest Owners
In Litel Explorations, LLC v. Aegis Development Co., LLC, 21-0741 (La. App. 3 Cir. 4/6/22), –So. 3d–, the Louisiana Third Circuit denied the LDNR’s claims for recovery of over 6.3 million dollars in emergency costs from prior operators of an
Proposed Louisiana Senate Bills Could Secure Up To $200M In Federal Funds For Orphan Well Restoration
Congress has dedicated $4.7 billion to orphan well plugging, remediation, and restoration activities nationwide through the Infrastructure Investment and Jobs Act (“IIJA”). A substantial portion of this money will be apportioned to the various states based on each state’s capacity
Long-Awaited Victory on the Proper Deductibility of Post-Production Costs from Unleased Mineral Owners – The Western District of Louisiana Reverses Course in Johnson v. Chesapeake and Self v. BPX
For nearly three years, unit operators in Louisiana have waited to see whether the Western District of Louisiana would change course or double down on its March 2019 decision in Johnson v. Chesapeake. In the original Johnson decision, the district
A Primer on CCUS Regulation in Louisiana
Carbon capture, utilization, and storage (CCUS) projects involve various legal issues. Like traditional exploration and development, CCUS projects require the operator to secure both the necessary private property rights from landowners as well as regulatory approval from the appropriate administrative
United States Fifth Circuit Weighs in on La. R.S. 30:103.1 and 103.2 Notice Requirements
Louisiana Revised Statutes 30:103.1 et seq. have been heavily litigated in recent years, but there are only a handful of reported decisions interpreting these statutes. Many of these decisions involve whether a party complied with the strict notice requirements contained
Covid-Related EEOC Charges on the Rise
Thousands of workers across the country have filed discrimination claims with the U.S. Equal Employment Opportunity Commission (“EEOC”) since the inception of the Covid-19 pandemic. In an exclusive report, Bloomberg revealed that “[s]ince April 2020, the U.S. Equal Employment Opportunity