M. Hampton Carver

Of Counsel

M. Hampton Carver is a founding partner of the firm, and practices oil, gas and energy law. Mr. Carver received his B.A. magna cum laude from Harvard College in 1966 and his J.D. from Louisiana State University School of Law in 1970. He was a member of the Law Review and the Order of the Coif. He is admitted to the bar of all federal courts in Louisiana. Mr. Carver has served as an adjunct faculty member at Louisiana State University Law School teaching mineral law. He is a former Chairman of the Louisiana Mineral Law Institute and of the Mineral Law Section of the Louisiana State Bar Association. He served on the committee of the Louisiana Law Institute responsible for the revision of the Civil Code articles on obligations and contracts. Since 1970, he has handled numerous oil and gas cases before the courts and the federal administrative agencies. Much of his work has involved disputes relating to Outer Continental Shelf leases, federal regulation on the OCS and acquisition of leases, gas balancing, royalty matters, and gas contract litigation. He has worked extensively in the negotiation of contracts for the acquisition of OCS leases, production handling, gas and oil transportation on the OCS, and operations in the deepwater.

Contact Info

Year Admitted to Practice

1970

Education

Harvard College, B.A. magna cum laude 1966; Louisiana State University, Baton Rouge, Louisiana, J.D. 1970

Affiliations

Louisiana State Law Institute Committee to Revise the Civil code Articles on Obligations (Contracts) (1979-1984); Louisiana Mineral Law Institute, Chairman (1986-1987); Louisiana State Bar Association Section on Mineral Law, Past Chairman; Adjunct Associate Professor (Mineral Law), Louisiana State University School of Law (1986)

Areas of Practice

Bar Admissions

All Louisiana state and federal courts; United States Supreme Court.

Honors

Order of the Coif; Louisiana Law Review; Prize for the Best Casenote; Prize for the Best Comment; Prize for the Best Article on a Civil Law Topic

Publications

The Revision Of The Law Of Obligations - Its Effect Upon Mineral Rights And Contracts, 33rd La. Ann. Inst. on Min. Law 1 (1986); Problems Arising From Lack of Access to Markets, (Gas Balancing and Royalty Issues) 38th La. Ann. Inst. on Min. Law 321 (1991); Gas Balancing, 42nd La. Ann. Inst. on Min. Law; Good Faith for Purposes of Acquisitive Prescription in Louisiana and France, 28 La. L. Rev. 662 (1968); Partial Resolution of Mineral Leases, 30 La. L. Rev. 84 (1969)

Representative Cases

Amoco Production Company v. Thompson, 516 So. 2d 376 (La. App. 1st Cir. 1987), writs denied, 520 So. 2d 118 (La. 1988) and Chevron U.S.A. Inc. v. Batchelor, 566 So. 2d 138 (La. App. 1st Cir. 1990) (represented Chevron in these cases of first impression about the duty of a party who has oversold unitized production to account to an underproduced party).

Burat v. The Board of Commissioners of the Orleans Levee District, 496 F.2d 1336 (5th Cir. 1974) (represented Chevron) (issues of federal jurisdiction, well pleaded complaint, public land law).

Succession of Burat v. Board of Levee Commissioners, 469 So. 2d 1022 (La. App. 4th Cir. 1985) (defense of petitory action; case turned on public land laws).

Chevron Oil Co. v. Andrus, 588 F.2d 1383 (1979) (OCS bid rejection case).

Chevron U.S.A. Inc. v. Watt, 564 F.Supp. 1256 (E.D. La. 1983) (represented Chevron in this judicial review of administrative action; court upset civil penalty imposed by Secretary of Interior and held method of imposing penalty was unlawful).

Chitimacha Tribe of Louisiana v. Harry L. Laws Co., Inc., 690 F.2d 1157 (5th Cir. 1982) (represented Chevron in defense of Indian title suit).

CXY Energy Inc. v. Texas Eastern Transmission Corporation (arbitration respecting the pricing provisions of gas sales contract, issues of maximum lawful prices, and contract interpretation issues).

Exxon Corporation v. Columbia Gas Transmission Corporation (arbitration respecting the pricing provisions of gas sales contract, issues of maximum lawful prices, and contract interpretation issues).

Exxon Corporation v. Tenneco, Inc., No. 83-1640 (U.S.D.C. W.D. La.) and No. 84-4074 (5th Cir.) (take-or-pay litigation involving contract issues, primary jurisdiction issues, FERC regulations, and Natural Gas Act issues).

Molero v. Bass, 486 So. 2d 780 (La. App. 4th Cir. 1986), writ denied, (contract dispute relating to whether plaintiff was entitled to overriding royalty on certain categories of leases).

Moore McCormack Energy, Inc. (now CXY Energy Inc.) v. Tenneco, Inc., Civil Docket No. 86-2115, 15th Judicial District Court, Lafayette Parish, Louisiana (take-or-pay case).

Moore McCormack Energy, Inc., Name Now Changed to CXY Energy Inc. v. Texas Gas Transmission Corporation, Civil Docket No. 88-1735, Civil District Court, Parish of Orleans (take-or-pay case).

Phillips Petroleum Company v. Natural Gas Pipeline Company of America, Civil Docket No. 87-7018, Civil District Court, Parish of Orleans (take-or-pay case and gas contract suit).

Rougon v. Chevron U.S.A. Inc., 575 F.Supp. 95 (M.D. La. 1983) (lease cancellation suit).

Tenneco, Inc., 57 IBLA 85 (1981) (represented Chevron in obtaining one of the first forced offshore units).

Tenneco Interamerica, Inc. v. Farmland Industries Inc., Civil Action No. CV89-2777 (U.S.D.C. W.D. La.) (represented major consumer of gas in this suit related to FERC regulations and NGPA § 311(a)(2) service).

The Louisiana Land and Exploration Company v. Enserch Corporation, No. 92-02057 "M" (U.S.D.C., E.D. La.), (issues relating to FERC Order No. 94, prescription, conflicts of law, and royalty).

The Louisiana Land and Exploration Company v. Transco, Inc., (arbitration before Jack Head, Ryan Sartor (neutral), and Fred Sweat) (take-or-pay arbitration involving issues of force majeure, as well as maximum lawful price issues on forfeited take-or-pay.)

Plaquemines Parish Government v. Getty Oil Company, et al (including Chevron U.S.A. Inc.) represented Chevron, 662 So. 2d 773 (La. App. 1st Cir. 1995), aff'd 673 So.2d 1002 (La. 1996), (suit for lease cancellation).

Edgecombe v. Board of Levee Commissioners of the Orleans Levee District, et al., (including Bass Enterprises Production Co., represented Bass) 650 So.2d 1250 (La. App. 4th Cir. 1995), writ denied, (suit for royalty and lease cancellation).

CXY Chemicals U.S.A. v. Gerling Global Insurance Company, 991 F.Supp. 770 (E.D. La.), suit relating to international insurance transaction, choice of law, and coverages.

Shell Offshore Inc. v. Amoco Production Co. (2002) (represented Shell arbitration regarding participation agreement in deepwater).

Shell Offshore Inc. v. Murphy Oil Co. (1999) (represented Shell in arbitration over production handling agreement).

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