This document discusses the use of historical evidence in determining the reasonableness of oil and gas operations in light of contractual obligations and legislation. It notes a past court case that awarded large damages for environmental harm and the subsequent legislation that was passed. The document also discusses challenges in interpreting contracts and applying changing laws, and examines what standards and knowledge were considered reasonable based on the time period in question. Expert historians may be able to provide context on scientific and industry standards from the relevant time to help determine historical reasonableness.
Focus on analysis and planning that companies need to do in dealing with Health Care Reform. The purpose is to go beyond simply telling you what the law requires.
The Consumer Financial Protection Bureau (CFPB) recently celebrated its second birthday. During its first two years of existence, the CFPB has shown itself to be an aggressive consumer-protection agency. It is particularly noteworthy because its broad jurisdictional mandate could impact virtually any business that makes a loan to any consumer. Consumer lenders need to be alert to the sweeping implications this agency will have for their future business activities.
Oil and Gas Case Law Update: Recent Decisions Impacting Oil and Gas PracticeLisa McManus
Pennsylvania oil and gas jurisprudence continues to evolve. On April 2, 2015, PBI's panel of energy law practitioners provided a webinar update on the latest appellate decisions that are shaping energy law practice. Included is an overview of Sabella v. Appalachian Dev. Corp.; Citizens for Pennsylvania’s Future v. Ultra Resources, Inc.; Sisson v. Stanley; Harrison v. Cabot Oil & Gas; Pennsylvania Environmental Defense Foundation v. Commonwealth.
Focus on analysis and planning that companies need to do in dealing with Health Care Reform. The purpose is to go beyond simply telling you what the law requires.
The Consumer Financial Protection Bureau (CFPB) recently celebrated its second birthday. During its first two years of existence, the CFPB has shown itself to be an aggressive consumer-protection agency. It is particularly noteworthy because its broad jurisdictional mandate could impact virtually any business that makes a loan to any consumer. Consumer lenders need to be alert to the sweeping implications this agency will have for their future business activities.
Oil and Gas Case Law Update: Recent Decisions Impacting Oil and Gas PracticeLisa McManus
Pennsylvania oil and gas jurisprudence continues to evolve. On April 2, 2015, PBI's panel of energy law practitioners provided a webinar update on the latest appellate decisions that are shaping energy law practice. Included is an overview of Sabella v. Appalachian Dev. Corp.; Citizens for Pennsylvania’s Future v. Ultra Resources, Inc.; Sisson v. Stanley; Harrison v. Cabot Oil & Gas; Pennsylvania Environmental Defense Foundation v. Commonwealth.
Presentation on "Respinding to the Abuse of Motions in Limine", made at the ALI-CLE Annual Eminent Domain and Land Valuation Conference in January 2020 in Nashville, Tennessee
Due Process Right to a "Clean and Healthful Environment"Jesse Souki
Session 4a: Recent Developments in Land Use and Planning Law; What do recent Hawaii Supreme Court decisions on the right to a “clean and healthful environment” mean for your planning practice?
THURSDAY, SEPTEMBER 12, 2019
2019 HAWAI I CONGRESS OF PLANNING OFFICIALS – MAUI
JESSE K. SOUKI, ESQ. – HILANDUSELAW.COM
An ebook published by the law firm Porter Wright Morris & Arthur LLP. Contains several blog posts they've published on the topic of oil and gas lease issues for landowners. Our favorite article: My Sister is a Fractivist and Won’t Sign an Oil and Gas Lease. What Can We Do?
Environmental caselaw update - covering:: nuisance, costs and Aarhus, costs & nuisance claims, Article 9 of the Aarhus Convention and Costs,Communications ACCCC/2013/85 and 68 to the Aarhus Convention Compliance Committee,EIA/SEA and conservation, wild birds and habitats
Slide deck used during the SPE Live broadcast on 19 August 2020 with guest Doug Peacock, 2010-11 SPE Distinguished Lecturer and currently a Technical Director for GaffneyCline.
WATCH VIDEO: https://youtu.be/ykJhFkNUXqc
TRAINING COURSE: http://go.spe.org/peacockSPELIVE
The unitization process has evolved over the years and is now well established throughout the world with many countries having legislation for unitization.
Although there are generic agreements, each unitization agreement is unique and requires a wide range of issues to be considered.
Presentation on "Respinding to the Abuse of Motions in Limine", made at the ALI-CLE Annual Eminent Domain and Land Valuation Conference in January 2020 in Nashville, Tennessee
Due Process Right to a "Clean and Healthful Environment"Jesse Souki
Session 4a: Recent Developments in Land Use and Planning Law; What do recent Hawaii Supreme Court decisions on the right to a “clean and healthful environment” mean for your planning practice?
THURSDAY, SEPTEMBER 12, 2019
2019 HAWAI I CONGRESS OF PLANNING OFFICIALS – MAUI
JESSE K. SOUKI, ESQ. – HILANDUSELAW.COM
An ebook published by the law firm Porter Wright Morris & Arthur LLP. Contains several blog posts they've published on the topic of oil and gas lease issues for landowners. Our favorite article: My Sister is a Fractivist and Won’t Sign an Oil and Gas Lease. What Can We Do?
Environmental caselaw update - covering:: nuisance, costs and Aarhus, costs & nuisance claims, Article 9 of the Aarhus Convention and Costs,Communications ACCCC/2013/85 and 68 to the Aarhus Convention Compliance Committee,EIA/SEA and conservation, wild birds and habitats
Slide deck used during the SPE Live broadcast on 19 August 2020 with guest Doug Peacock, 2010-11 SPE Distinguished Lecturer and currently a Technical Director for GaffneyCline.
WATCH VIDEO: https://youtu.be/ykJhFkNUXqc
TRAINING COURSE: http://go.spe.org/peacockSPELIVE
The unitization process has evolved over the years and is now well established throughout the world with many countries having legislation for unitization.
Although there are generic agreements, each unitization agreement is unique and requires a wide range of issues to be considered.
Similar to The Use of Historical Evidence in Light of LL & E and Act 400 (20)
Dee J. Kelly. Honored to Support His Community. By Amile Wilson. Photography by Shirley Che. Kelly Hart & Hallman is a law firm rooted in the belief that it serves the community in which its lawyers work...
When Sharon S. Millians made the SMU Law Review during her first semester at Southern Methodist University, she attended a reception held by one of the big local law firms.
“One lawyer asked me what I was going to do after law school,” Millians explained last from her corner office on the 28th floor of the Wells Fargo Tower in downtown Fort Worth...
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptx
The Use of Historical Evidence in Light of LL & E and Act 400
1. The Use of Historical Evidence in
Light of LL & E and Act 400
By Loulan J. Pitre, Jr.
Kelly Hart & Pitre
LOGA Oil & Gas Seminar
September 16, 2014
2. Corbello
“[W]e decline to set forth a rule of law ... that in cases of
breach of a contractual obligation of restoration in a
lease, the damage award to [the surface owning]
plaintiffs must be tethered to the market value of the
property. To do so would give license to oil companies to
perform their operations in any manner with
indifference to the aftermath of its operations because
of the assurance that it would not be responsible for the
full cost of restoration.”
3. Corbello, Continued
• Large damage award based on theoretical cost
of groundwater remediation, more in the
nature of a pubic harm
• Landowner not required to remediate property
under law at that time
4. $35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$0
$108,000
$33,000,000
C o r b e l l o ' s U n t e t h e r i n g
Property Value
Damage Award
5. After Corbello
• Reactive legislation passed in 4 of 12 years
• Several hundred lawsuits claim environmental damage
arising from oil and gas exploration and production
operations
• Courts attempt to interpret and apply complex law in the
face of repeated legislative changes
6. The Traditional View
• Rohner v. Austral Oil Exploration Co. (1958):
– Corn and watermelon crops (express provision)
– Land’s Loss of Productivity (no express provision)
– “Poor Man’s Cut” in fence (no express provision)
7. Castex (2005)
“Although the temptation may be to thrust a great part of the
solution to the problem of coastal restoration upon the oil and
gas companies and other private parties, . . . we decline to do so
out of respect for the terms of the mineral lease to which these
parties agreed. Thus, we reverse the courts below and find that,
where the mineral lease expressly grants the lessee the right to
alter the surface in the manner it did, and is silent regarding
restoration, article 122 only imposes a duty to restore the surface
to its original condition where there is evidence of unreasonable
or excessive use.”
8. Act 312
• Defendants required to remediate to current
regulatory standards if contamination admitted
or proven
• Plaintiffs still attempt to articulate theories for
money they can keep
9. Marin (2010)
• Decided after full trial on the merits
• Court determined operations were negligent
• Court determined that 29-B remediation
satisfied lease requirements
• 1994 v. 1941
10. LL & E
• Operator admitted environmental damage
under Act 312
• Operator obtained a partial summary
judgment that no “excess” damage award was
possible as a matter of law
• Supreme Court and Court of Appeal reverse
the summary judgment, suggesting that
reasonableness of operations requires a
factual inquiry
11. Reasonable When?
• Example: Marin
– 1994 lease vs. 1941 lease
– Parties’ contemplation
– “environmental unsoundness”
• La. R.S. 30:29(M):
“. . . rules, regulations, lease terms and implied lease
obligations arising by operation of law, or standards applicable
at the time of the activity complained of.”
14. Expert Historians
• “The reason science historians are in demand is that
science does not invariably progress in a strictly linear
or cumulative fashion. Scientific knowledge is
accepted (or ignored) in different ways at different
times and places, making it important to establish
what was known concretely by specific individuals at
a given place and time.” -- Dr. Robert N. Proctor,
Stanford University
15. Daubert Factors
(i) whether the theory or technique can and has
been tested;
(ii) whether the theory or technique has been
subjected to peer review and publication;
(iii) the theory or technique's “known or potential
rate of error”;
(iv) whether there are standards that control the
theory or technique's operation; and
(v) the degree to which the theory or technique has
been accepted in the relevant scientific community
(“general acceptance” test).
16. Kumho Tire
“A trial judge determining the admissibility of an engineering
expert's testimony may consider one or more of the specific
Daubert factors. . . . The Daubert factors do not constitute a
definitive checklist or test . . . and the gatekeeping inquiry
must be tied to the particular facts. Those factors may or may
not be pertinent in assessing reliability, depending on the
nature of the issue, the expert's particular expertise, and the
subject of his testimony.”
17. Examples
• EEOC v. Sears, Roebuck & Co.: gender
discrimination
• Cayuga Indian Nation of New York v. Pataki:
land rights
• Irving v. Penguin Books: libel & the Holocaust
• B. Waterhouse v. R.J. Reynolds Tobacco Co.:
public awareness of the dangers of smoking
18. Possible Questions with Respect to
Historical Reasonableness
• Were others in the industry using a practice at that
time?
• Were alternatives to the practice well-known and cost-effective
at that time?
• What was the generally accepted scientific knowledge
at that time?
• What were the common expectations of lessees and
lessors at that time?
• Was there an express or implied consensus at that time
of lessors, lessees, and policymakers to accept certain
practices in exchange for the economic benefits of oil
and gas production?