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The Energy Law Blog

Louisiana Enacts New Laws Requiring Accommodations for Pregnant Employees and Restricting the Use of Criminal History in Hiring Decisions

By Courtney Turkington & Thomas J. McGoey II

July 30, 2021

The Louisiana legislature has passed new laws requiring employers to provide accommodations for certain pregnant employees and limiting an employer’s use of an applicant’s criminal history in hiring decisions. Both laws become effective on August 1, 2021. Amendment to Pregnancy Accommodation Law By Act No. 393 of the 2021 Regular Session, Louisiana’s nondiscrimination law protecting “pregnancy, childbirth and related medical conditions” in employment (La. R.S. 23:341–42), was amended to include a requirement that employers…

The Energy Law Blog

Solar Leasing in Louisiana: Act 301 and Decommissioning Requirements

By Cristian Soler & Caleb J. Madere

July 15, 2021

As the number of solar projects continues to grow in Louisiana, a chief concern among Louisiana taxpayers is ensuring that these projects are properly decommissioning upon their abandonment. Solar development is largely in its infancy in Louisiana, with only a handful of projects having been constructed to date. However, lawmakers are acting now to ensure proper decommissioning years down the road. In an effort to address this issue, the Louisiana Legislature passed Act No. 301…

The Energy Law Blog

TC Energy’s $15B Claim Against U.S. for Biden’s Revocation of Keystone XL Pipeline Permit

By Hunter Chauvin

July 7, 2021

Steel,Long,Pipes,In,Crude,Oil,Factory,During,Sunset

TC Energy Corporation stated that it filed a notice of intent with the U.S. Department of State that it will make a claim against the U.S. under the North American Free Trade Agreement (NAFTA). The claim will be based on President Biden’s January 2021 revocation of TC Energy’s Keystone XL Pipeline permit.…

The Energy Law Blog

Louisiana’s Future in Offshore Wind: Takeaways from Louisiana Wind Week

By Kathleen Doody, Cristian Soler & Randee Iles

July 2, 2021

Last week, the Louisiana Governor’s Office hosted Louisiana Wind Week 2021 to assess Louisiana’s future in offshore wind energy development. Louisiana Wind Week followed the Bureau of Ocean Energy Management (BOEM)’s first Gulf of Mexico Intergovernmental Renewable Energy Task Force meeting, which was held on June 15.…

The Energy Law Blog

New Developments in Shocking Case Before the Texas Supreme Court Regarding Construction of Novel Oil & Gas Royalty Term

By Daniel E. Rodriguez & Chauntelle R. Wood

July 1, 2021

Devon Energy Production Company, L.P. v. Sheppard is a royalty dispute between several lessees, Devon Energy Production Co., L.P., et. al., and several lessors, Michael A. Sheppard, et. al., concerning a novel royalty term that may have a huge impact on the way oil and gas royalties are paid in the future. See 13-19-00036-CV, 2020 WL 6164467, at *12 (Tex. App.—Corpus Christi Oct. 22, 2020, pet. filed). The novel term, referred to as an “add-back”…

The Energy Law Blog

Overturning 8 Years of “Palpable Error,” The Louisiana Supreme Court Limits Damages Available to Landowners in Oilfield Legacy Litigation

By Kelly Brechtel Becker & Laura Springer Brown

July 1, 2021

On June 30, 2021, the Louisiana Supreme Court issued an opinion redefining the nature of available damages and the “actual, statutorily permitted role of the jury in Act 312 remediation lawsuits.” The “LL&E II” decision finds that Act 312 charges the court, not the jury, to determine the funding needed to remediate property to government standards. If (and only if) an express contractual provision requires greater remediation than government standards, a jury may consider and…

The Energy Law Blog

Solar Leasing in Louisiana: The Accommodation Doctrine

By Caleb J. Madere & Cristian Soler

June 29, 2021

Perhaps the most important right granted in a solar development agreement is the right of the solar developer to use the surface of the property to evaluate, construct, and operate the solar farm. But how can the solar developer ensure that its right to use the surface of the property is not encumbered by or inferior to the rights of others? Or, more specifically, how can the solar developer ensure that a mineral estate owner…

The Energy Law Blog

Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles

By Jamie D. Rhymes, Kelly Brechtel Becker & Mark Deethardt

June 22, 2021

In Lexington Land Development, L.L.C. v. Chevron Pipelines Company, et al., 2020-0622 (La. App. 1 Cir. 5/25/21), 2021 WL 2102932, —So. 3d—, the Louisiana First Circuit recently reaffirmed well-settled principles regarding prescription and the subsequent purchaser doctrine in Louisiana legacy cases.…

The Energy Law Blog

New Legislation Signals Strong Support for CCUS in Texas

By Madeline Thomas

June 21, 2021

On June 9, 2021, Texas Governor Greg Abbott signed House Bill 1284 (“HB 1284”), which was introduced along with its Senate companion, SB 450, during the state’s 87th legislative session. HB 1284 grants the Texas Railroad Commission (“RRC”), the governmental agency that regulates the state’s oil and gas industry, sole jurisdiction over Class VI Injection Wells and carbon capture, use, and sequestration (“CCUS”) activities in Texas.…

The Energy Law Blog

EEOC Unveils New Online Resources in Observance of LGBTQ+ Pride Month

By Brett Holubeck & Courtney Turkington

June 18, 2021

People,Wave,Lgbtq,Gay,Pride,Rainbow,Flags,At,A,Pride

In a nod to LGBTQ+ Pride Month and the one-year anniversary of the Supreme Court’s landmark decision in Bostock v. Clayton County, the U.S. Equal Employment Opportunity Commission (EEOC) has released new resources “to educate employees, applicants and employers about the rights of all employees, including lesbian, gay, bisexual and transgender workers, to be free from sexual orientation and gender identity discrimination in employment.” The materials – none of which state new policy but instead…

The Energy Law Blog

Insight and Analysis of Legal Issues Impacting the Energy Industry

Blog Authors

Louisiana Enacts New Laws Requiring Accommodations for Pregnant Employees and Restricting the Use of Criminal History in Hiring Decisions

Solar Leasing in Louisiana: Act 301 and Decommissioning Requirements

TC Energy’s $15B Claim Against U.S. for Biden’s Revocation of Keystone XL Pipeline Permit

Louisiana’s Future in Offshore Wind: Takeaways from Louisiana Wind Week

New Developments in Shocking Case Before the Texas Supreme Court Regarding Construction of Novel Oil & Gas Royalty Term

Overturning 8 Years of “Palpable Error,” The Louisiana Supreme Court Limits Damages Available to Landowners in Oilfield Legacy Litigation

Solar Leasing in Louisiana: The Accommodation Doctrine

Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles

New Legislation Signals Strong Support for CCUS in Texas

EEOC Unveils New Online Resources in Observance of LGBTQ+ Pride Month

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