Braden Boucek, Director of Litigation, and Arif Panju discuss an Eighth Circuit case on a school district's transgender policy. They explore the concept of justiciability and the vague policy. Arif takes us into a French heritage and oil and gas issue in the Fifth Circuit, exploring property rights and ancient doctrine. They also touch on the court's certification to the Louisiana Supreme Court and the complexities of the case.
The Eighth Circuit dismissed some claims as moot but found the rest of the case live and the policy vague in a challenge to a school district's transgender policy.
The Fifth Circuit Court of Appeals certified a question to the Louisiana Supreme Court to decide whether Louisiana's ancient doctrine of Negotiorum Gestio applies in a unitization context for deducting post-production costs from mineral estates in the oil and gas industry.
The case highlights the complex interaction between state statutes, property rights, and established legal doctrines in the context of the oil and gas industry.
Deep dives
Louisiana Supreme Court to Decide on Deduction of Post-Production Costs in Oil and Gas Case
The Fifth Circuit Court of Appeals in Johnson v. Chesapeake, Louisiana LP sent a certified question to the Louisiana Supreme Court to decide whether Louisiana's deeply rooted doctrine of Negotiorum Gestio applies in a unitization context, allowing the deduction of post-production costs from mineral estates. The case involves a dispute between Linda and James Johnson, who own land and the mineral interests underneath it in Louisiana, and Chesapeake, an oil and gas operator. The dissenting judge argued that the case could be decided by applying principles of statutory construction, while the majority believed the question should be certified to the state Supreme Court for clarity on the doctrine's application.
Three Judge Panel Splits over Application of Negotiorum Gestio Doctrine in Oil and Gas Case
In the case Johnson v. Chesapeake, Louisiana LP, a three-judge panel in the Fifth Circuit Court of Appeals split over whether the deeply rooted doctrine of Negotiorum Gestio could provide Chesapeake, an oil and gas operator, with a mechanism for deducting post-production costs from mineral estates. While the two judges in the majority believed that the question should be certified to the Louisiana Supreme Court, the dissenting judge argued that the doctrine does not apply because Chesapeake was operating under legal authority. The case raises questions about the interplay between state statutes, property rights, and Louisiana's unique use of the Negotiorum Gestio doctrine in the oil and gas industry.
Louisiana Supreme Court to Sort Out Property Rights in Oil and Gas Case
The Fifth Circuit Court of Appeals has sent a certified question to the Louisiana Supreme Court in the case Johnson v. Chesapeake, Louisiana LP. The question involves the application of Louisiana's ancient doctrine of Negotiorum Gestio in a modern context, specifically regarding the deduction of post-production costs from mineral estates in the oil and gas industry. While one judge dissented and believed the issue could be decided by applying principles of statutory construction, the majority felt it should be certified to the state Supreme Court for clarification. The case highlights the complexity of property rights and contractual obligations in Louisiana's oil and gas industry.
Dispute over Deduction of Post-Production Costs in Oil and Gas Industry Heads to Louisiana Supreme Court
The Fifth Circuit Court of Appeals has certified a question to the Louisiana Supreme Court in the case Johnson v. Chesapeake, Louisiana LP. The dispute centers around whether the doctrine of Negotiorum Gestio, an ancient civil law doctrine, provides Chesapeake with the authority to deduct post-production costs from mineral estates in the oil and gas industry. While two judges in the majority believe the question should be addressed by the state Supreme Court, the dissenting judge argues that the doctrine does not apply as Chesapeake is operating with legal authority under state law. The case highlights the complex interaction between state statutes, property rights, and established legal doctrines in the oil and gas industry.
Certified Question Sent to Louisiana Supreme Court in Oil and Gas Dispute over Post-Production Costs
The Fifth Circuit Court of Appeals has certified a question to the Louisiana Supreme Court in Johnson v. Chesapeake, Louisiana LP. The question revolves around whether the ancient doctrine of Negotiorum Gestio applies in the context of the oil and gas industry, specifically in relation to the deduction of post-production costs from mineral estates. While two judges in the majority support certification to the state Supreme Court, one judge dissents, arguing that the doctrine does not apply because Chesapeake operates under legal authority. This case highlights the legal complexities surrounding property rights and contractual obligations in Louisiana's oil and gas industry.
We’re joined by Braden Boucek, Director of Litigation at the Southeastern Legal Foundation, and IJ’s Arif Panju. Braden takes us to the Eighth Circuit where the court dismisses some claims as moot in a challenge to a school district’s transgender policy. But it finds the rest of the case live—and the policy vague. Braden makes the point that some other judges have seemed to think lawsuits are either not ripe or moot, but never actually justiciable. Along the way there’s some unenumerated rights talk. Then Arif uses his language skills to take us into a tale of French heritage and . . . oil and gas. It’s a bit of a wild issue in the Fifth Circuit about extraction, property rights, and the interplay of ancient French doctrine and modern American statutes. Also, what’s really going on with the court’s certification to the Louisiana Supreme Court? It’s a Cajun conundrum.