Forest Oil: Texas Supreme Court Rejects Exclusive Jurisdiction of the Texas Railroad Commission Over Oilfield Contamination Claims

By | Louisiana Law Blog | June 27, 2017
By Tyler Moore Kostal The Texas Supreme Court recently handed down a decision in Forest Oil Corp. v. El Rucio Land & Cattle Co., Inc., 14-0979, 2017 WL 1541086 (Tex. Apr. 28, 2017), that at first glance, is reminiscent of the landmark Louisiana legacy cases Corbello and Magnolia Coal. View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

2017 Louisiana Regular Legislative Session Ends On a Rather Anticlimactic Note

By | Louisiana Law Blog | June 23, 2017
Industrial Strength Graphic Only By Jaye Calhoun, Phyllis Sims, Willie Kolarik, and McClain Schonekas Despite consideration of an Ohio-style gross receipts tax, a Michigan-style single business tax and various versions of flat taxes, the 2017 Regular Session of the Louisiana Legislature ended on June 8, 2017, without the enactment of any significant tax reform. View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

It’s Time to Amend Operating Agreements As the Result of TEFRA Repeal

By | Louisiana Law Blog | June 23, 2017
labor By Jaye Calhoun and David Hamm It’s time to amend the governing documents of flow-through entities taxed as partnerships to address recent federal legislative changes impacting all such entities.  Failure to amend now could result in unfavorable tax consequences.  Section 1101 of The Bipartisan Budget Act of 2015 (the “BBA”) substantially changes how the Internal Revenue Service may conduct audits of flow through entities taxed as partnerships.  View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

U.S. 5th Circuit Decides That “Responsible Party” Under OPA 90 Can Seek Contribution from a Jointly-Liable Third Party

By | Louisiana Law Blog | June 23, 2017
A tow is pushing a barge up the Mississippi River. This single barge will be connected with others for a longer haul. By McClain R. Schonekas The M/V HANNAH C. SETTOON, owned and operated by Settoon Towing, L.L.C. (“Settoon”), was towing two crude oil tank barges on the Mississippi River when an attempted passage around the M/V LINDSAY ANN ERICKSON and its tow went badly resulting in a spill of 750 barrels of crude oil. View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

U.S. 5th Circuit Highlights Chasm Between Seaman Classification Under Jones Act and FLSA

By | Louisiana Law Blog | June 20, 2017
ml By Zoe Vermeulen In the recent case of Halle v. Galliano Marine Service, L.L.C., No. 16-30558, 2017 WL 1399697 (5th Cir. Apr. 19, 2017) the U.S. Fifth Circuit addressed for the first time whether ROV technicians, who are traditionally Jones Act seamen, qualify as seamen under the Fair Labor Standards Act (“FLSA”). View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

EPA Administrator Signs Rule Delaying the Effective Date of RMP Rule

By | Louisiana Law Blog | June 12, 2017
EPA By Lee Vail On June, 9, 2017, Scott Pruitt signed a final rule  delaying the effective date of the RMP rule until February 19, 2019. The Environmental Protection Agency” (“EPA”) stated that it had received 54,117 public comments, 54,000 of which were part of a mass mail campaign, leaving 108 submissions with unique content. View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

Sequestering of Greenhouse Gases: California is Considering a Legal Process (How Does That Affect the Rest of Us?)

By | Louisiana Law Blog | June 9, 2017
california By Lee Vail New projects require air permits and projects at major stationary sources that will emit (or increase) a significant amount of a regulated NSR pollutant, must conduct a control technology review.  In order to receive a permit, the applicant must determine the level of control considered Best Available Control Technology (“BACT”) and the permit issuing authority must agree.  View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

U.S. Supreme Court Limits Forum Shopping by Railroad Employees…and by Extension Jones Act Seamen

By | Louisiana Law Blog | June 9, 2017
Close-up close-up shots of the tracks By Michael J. O’Brien In the recent case of BNSF Railway Co. v. Tyrrell, the U.S. Supreme Court rejected a blatant forum shopping attempt by two railway employees and limited future lawsuits against out-of-state railroads. In BNSF Railway Co., Robert Nelson of North Dakota and Kelli Tyrrell of South Dakota filed separate suits against BNSF Railroad in a Montana State Court pursuant to the Federal Employer’s Liability Act (“FELA”) 45 U.S.C. View Full Post
Tweet Like LinkedIn LinkedIn Google Plus