Louisiana Senate Bill 268, one of a pair of lithium-focused bills filed by senator Stewart Cathey Jr., would establish a state sales tax rebate program for Louisiana lithium projects. This rebate would apply to sales tax paid for “all equipment,
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Louisiana’s Latest Carbon Capture Legislation and Its Impact on Projects
The Louisiana Legislative Session for 2024 officially began on March 11. Nine bills have already been filed on CCS. Read the full update here.…
Fifth Circuit Narrows CAFA’s Local Controversy Exception Requiring All Plaintiffs Incur Their Principal Injuries in the Forum State
As a matter of first impression, in Cheapside Mins., Ltd. v. Devon Energy Prod. Co., L.P., No. 23-40591, 2024 WL 886951 (5th Cir. Mar. 1, 2024), the Fifth Circuit held that an oil-and-gas royalties class action belongs in federal court based…
All Bark and No Bite: Middle District Finds Conclusory Intentional Tort Allegations Against Employer Insufficient to Prevent Removal on Improper Joinder Grounds
On March 11, 2024, Liskow lawyers Kathryn Gonski and Melanie Derefinko secured the denial of a motion to remand on improper joinder grounds and the dismissal of an intentional tort claim against Methanex, a major Louisiana plant owner, in Knight…
Proposed Brine Legislation May Pave the Way for Louisiana Lithium Projects
We are now seeing the Louisiana legislature address some of these uncertainties head on with Senate Bill 285, which was filed on March 1, 2024 by Louisiana senator Stewart Cathey, Jr. Namely, SB285 would grant authority to the Office of…
Environmental Groups Challenge Louisiana’s Primacy Over Class VI Injection Wells
Environmental groups are asking the federal appellate courts to vacate the U.S. Environmental Protection Agency’s (“EPA”) recent decision to grant Louisiana primacy over Class VI injection wells.…
Choice-of-Law Provisions in Marine Insurance Contracts Upheld by the Supreme Court
In a much-anticipated decision, the United States Supreme Court held that choice-of-law provisions in marine insurance contracts are presumptively enforceable under federal maritime law with a few narrow exceptions. In Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC,…
At the Well vs. Off the Lease: The Fifth Circuit Asks the Texas Supreme Court to Determine Whether Off-Lease Fuel May be Deducted from Royalties Valued at the Well
The United States Court of Appeals for the Fifth Circuit recently certified a question to the Texas Supreme Court asking what effect a free-use clause and an off-lease clause have on a royalty clause valuing royalties at the well. At…
LDEQ Releases Louisiana’s First-Ever Voluntary Environmental Self-Audit Program
LDEQ issued regulations implementing Louisiana’s first-ever voluntary environmental self-audit program. The regulations provide for the reduction or elimination of civil penalties for certain violations disclosed to LDEQ as the result of a voluntary environmental self-audit. Read more about the regulations…
DOI Regulatory Agenda Includes BSEE Rulemakings on Decommissioning and Bonding for Civil Penalty Appeals
On February 9, 2024, the Department of the Interior (DOI) published its semi-annual regulatory agenda, which includes two new planned rulemakings affecting federal offshore leases.…