On March 29, 2019, the Environmental Protection Agency issued its final Oil & Natural Gas Exploration and Production Facilities New Owner Audit Program Agreement (Oil & Gas New Owner Audit Policy, or Policy). This voluntary program provides total civil penalty mitigation for qualified new owners of upstream oil and natural gas well sites (including associated … Continue Reading
Part 2 of this series on the large number of environmental cases decided by the Pennsylvania appellate courts in 2018 discusses enforcement, the Oil and Gas Act, valuation, and a few other cases of note. Read David G. Mandelbaum’s article from The Legal Intelligencer supplement Pa. Law Weekly, “Significant Environmental Cases in Pa. Courts During 2018 … Continue Reading
On Jan. 14, 2019, the Colorado Supreme Court held in Martinez v. Colo. Oil & Gas Conservation Comm’n, that the Colorado Oil and Gas Conservation Commission (Commission) properly denied a petition requesting that it adopt a rule that would halt the drilling of oil and gas wells for the foreseeable future. The Supreme Court’s decision reinforces … Continue Reading
On July 23, 2018, Mexico published new administrative provisions (the “Guidelines”) implementing minimum insurance requirements for entities engaged in activities related to transportation, storage, distribution, compression, decompression, liquefaction, regasification, or retail sale of hydrocarbons or petroleum products in Mexico (“Regulated Entities”). The Guidelines will help Regulated Entities that carry out activities in the hydrocarbon sector … Continue Reading
A recent court decision has reinforced the need to adequately document transactions for the physical sale of crude oil. In Arrow Oil & Gas, Inc., et al. v. J. Aron & Company, et al. (In re Semcrude, L.P., et al.), Case Nos. 15-3094, 15-3095, 15-3096 and 15-3097 (3d Cir. July 19, 2017), the United States … Continue Reading
Last week, President Donald J. Trump signed two congressional resolutions overturning rules that impact the energy extraction and mining industries. On Tuesday, February 14, President Trump signed a resolution eliminating a June 2016 SEC rule that required companies engaged in the commercial development of oil, natural gas, or minerals to disclose payments, including taxes, royalties … Continue Reading
From Jorge Aleman Juarez of GT Mexico City and Derek J. Anchondo of GT Houston: On July 27, 2016, the Commissioners of Mexico’s National Hydrocarbons Commission (the CNH) held a meeting to discuss and approve the invitation to bid, the Bidding Guidelines, and the exploration and production license agreement (the License Agreement) for the selection of the partner(s) … Continue Reading
On Aug. 1, 2016, the Council on Environmental Quality (CEQ) issued its Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act (NEPA) Reviews. CEQ issued the guidance in an endeavor “to provide greater clarity and more consistency in how agencies … Continue Reading
The Massachusetts Supreme Judicial Court (SJC) upheld a statutory interpretation by the Massachusetts Department of Environmental Protection (MassDEP) that the statutory definition of “oil” does not include leaded gasoline. As a result, contamination from leaded gasoline released from a gas station was not eligible for less stringent remediation standards applicable to “oil” releases. Based on … Continue Reading
In a decision that will have far-reaching consequences for the Massachusetts economy, Massachusetts’ highest court has ruled that the Global Warming Solutions Act (GWSA), passed in 2008, mandates the imposition of annual, declining limits on greenhouse gases (GHG) emissions. In Kain vs. Dept. of Environmental Protection (SJC-11961, May 17, 2016), the Massachusetts Supreme Judicial Court … Continue Reading
On Feb. 16 the Sierra Club filed a lawsuit in the U.S. District Court for the Western District of Oklahoma against oil and gas drillers Chesapeake Operating LLC, Devon Energy Production Co. and New Dominion LLC.1 The Sierra Club claims that wastewater injection wells have contributed to cause increased earthquake activity in Oklahoma and alleges … Continue Reading
On March 11, 2016, the Federal Energy Regulatory Commission (FERC) denied an application by Jordan Cove Energy Project, L.P. (Jordan Cove) for authority under Section 3 of the Natural Gas Act (NGA) to site, construct, and operate a facility at Coos Bay, Oregon, for the exportation, principally to Asia, of liquefied natural gas (LNG). In … Continue Reading
From Douglas M. Grom, Harris L. Kay, and Gregory K. Lawrence: On Dec. 8, 2015 States Commodity Futures Trading Commission (CFTC) announced that it had simultaneously filed and settled charges against Total Gas & Power North America, Inc. (Total Gas) and Therese Tran (Tran), for violations of Section 6(c) and 9(a)(2) of the Commodity Exchange … Continue Reading
On September 15, the Eighth Circuit reversed the district court’s order certifying a class of property owners who sought nuisance based damages and injunctive relief. In Smith v. ConocoPhillips Pipe Line Co., No. 14-2191, 2015 WL 5332450 (8th Cir. Sept. 15, 2015) the Court concluded that there was no evidence showing that class members were … Continue Reading
States and industry organizations are seeking to invalidate a recent hydraulic fracturing rule promulgated by the U.S. Bureau of Land Management (the Rule).1 The Rule will go into effect on June 24, 2015, and litigation has been filed by states and industry organizations to halt implementation of the Rule. Industry organizations brought suit to request … Continue Reading
In early March, Pennsylvania Governor Wolf submitted his proposed budget. The Department of Environmental Protection issued a new iteration of proposed revisions to the Pennsylvania Oil and Gas Regulations that has since appeared in the April 4 Pennsylvania Bulletin, 45 Pa. Bull. 1615. Acting DEP Secretary John Quigley reportedly stated the Administration’s support for the Delaware River … Continue Reading
The New York State Department of Environmental Conservation (DEC) announced on January 28, 2015 that it has finalized a new regulatory regime to allow the construction of liquefied natural gas (LNG) refueling stations in all parts of the State except for New York City. Under the agency’s final Part 570 regulations, the facilities would be … Continue Reading
Despite the abundance of natural gas within the state and region, and the reputation of natural gas as the cleanest burning of fossil fuels, New York remains a treacherous political environment for companies seeking to expand the use or extraction of gas. The anti-fracking movement maintains a strong base of support in the state and … Continue Reading
Written by Robert S. Brams, Alais L. M. Griffin‡, Jennifer R. McEwan˘, Jamey L. Tesler and David Veator. On Nov. 4, 2014, voters across the country addressed a series of state and local infrastructure funding proposals that will have substantial ramifications for transportation and infrastructure finance in many major states. As these results will impact the … Continue Reading
Written by Dane McKaughan. On Jan. 14, 2014, the Texas Supreme Court issued its unanimous opinion in Texas Coast Utilities Coalition v. Railroad Commission of Texas, affirming the express statutory authority in the Railroad Commission of Texas to adopt “formula rate” tariffs. Such tariffs could fundamentally change the way in which regulators establish gas utility rates, … Continue Reading
This GT Alert is an update to “Mexican Energy Reform: Impact and Opportunities,” published June 4, 2014. This GT Alert describes the most relevant aspects of the secondary legislation in connection with energy matters published in the Federal Official Gazette (DOF) on August 11, 2014. Background On December 20, 2013, the DOF published the amendments … Continue Reading
A trial court in Albany, New York has landed another blow against high-volume hydraulic fracturing (“HVHF”) in New York by tossing two lawsuits (decisions available here and here) brought by property owners and a bankrupt operator challenging New York’s failure to complete its environmental review of high-volume hydraulic fracturing in a timely manner. This comes a little … Continue Reading
This post follows up on today’s earlier post on the New York Court of Appeals’ decision in Wallach v. Dryden and Cooperstown Holstein Corp. v. Middlefield. In a 5-2 vote, New York’s highest court – the Court of Appeals – upheld the power of local governments to ban, through adoption of local laws, high-volume hydraulic fracturing. The … Continue Reading
Written by Douglas C. Atnipp and Frank R. Bradley III. The primary document which governs the contractual and real property rights, privileges and obligations of the landowner (i.e., lessor) and the energy company (i.e., lessee) is the oil and gas lease. Before a landowner grants an O&G lease to a lessee, he should carefully consider some … Continue Reading
