We wrote an overview of the methane tax after the Inflation Reduction Act was signed into law in August 2022 and Congress directed the Environmental Protection Agency (EPA) to impose the first-ever direct tax on methane...more
In 2016, through a voter initiative called Measure Z, the people of Monterey County, California, enacted a ban on two features of oil and gas operations. One was a ban on injecting or impounding wastewater from operations....more
Part I of this three-part methane update discussed the state of substantive methane regulation in the United States and touched on the Inflation Reduction Act’s (“IRA” or “the Act”) addition of Section 136 to the Clean Air...more
Key Takeaways:
..Recently enacted direct pay and transfer provisions apply to certain clean energy tax credits. These provisions will have a significant impact on how taxpayers can monetize these tax credits and, in...more
9/16/2022
/ Biden Administration ,
Carbon Capture and Sequestration ,
Clean Energy ,
Climate Change ,
Energy Projects ,
Energy Sector ,
Inflation Reduction Act (IRA) ,
Investment Tax Credits ,
Monetization ,
Production Tax Credit ,
Renewable Energy ,
Tax Credits
What’s Next in the Regulation of Methane Emissions?
Previously in our sessions, I have discussed carbon dioxide and what policymakers should do about it. Last month I explained it in full in a speech to the Independent...more
8/29/2022
/ CARB ,
Clean Air Act ,
Environmental Protection Agency (EPA) ,
Federal GHG Framework ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Methane ,
Oil & Gas ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Standards
The newly passed Inflation Reduction Act of 2022 (IRA) is poised to transform the carbon capture utilization and storage (CCUS) industry through significant tax credits and benefits, including through enhancements to...more
President Biden signed an Executive Order prohibiting the importation into the United States of Russian origin crude oil, petroleum, petroleum fuels, oils, and products of their distillation; liquefied natural gas (LNG);...more
If there is to be rapid progress in limiting the increase of carbon dioxide (CO2) in the atmosphere, it will depend substantially on federal tax credits and state incentives for carbon capture and storage. For now, carbon...more
On Feb. 26, the Biden administration announced that, for at least the rest of the year, federal agencies will conduct regulatory and environmental analyses assuming that the global “social cost” of emitting carbon dioxide is...more
On March 27, 2020, the United States District Court for the Northern District of California granted summary judgment on behalf of BakerHostetler clients Independent Petroleum Association of America (IPAA) and Western Energy...more
COVID-19 is disrupting contracts in our energy industries, impacting electric power and petroleum, and both product providers and service providers. Contracts will be breached. The phrase “force majeure” will be top of...more
On April 24, 2018, Colorado state district courts solidified judicial recognition of the Colorado General Assembly’s delegation of primary jurisdiction to the Colorado Oil and Gas Conservation Commission (Commission) over...more
Reversing an order granting Southwestern Energy Company’s (SWN) Motion for Summary Judgment, the Superior Court of Pennsylvania held in a published decision on April 2, 2018, that trespass and conversion claims arising from...more
Few areas of the law have seen such substantial evolution in a three-year span as Colorado case law on oil and gas royalty litigation. Since 2015, 13 Colorado state district court opinions have required royalty plaintiffs...more
The Interior Department’s Bureau of Ocean Energy Management (BOEM) has finally issued its promised Notice to Lessees (NTL) No. 2016-N01, “Requiring Additional Security,” which supersedes NTL No. 2008-N07, “Supplemental Bond...more
The Interior Department’s Bureau of Ocean Energy Management (BOEM) has finally issued its promised Notice to Lessees (NTL) No. 2016-N01 “Requiring Additional Security,” which supersedes NTL No. 2008-N07 “Supplemental Bond...more
The exploration and production of oil and natural gas in Brazil has been on the rise and, as anticipated, the volume of proven reserves in the country has increased in recent years. In 2014, Brazil had 16.2 billion barrels...more
DENVER, May 15, 2015 — BakerHostetler today filed a request for preliminary injunction against the final rule the Bureau of Land Management (BLM) issued to regulate hydraulic fracturing on federal and Indian lands. The motion...more
A recent state-law challenge by environmental groups to an aspect of crude-by-rail transportation has teed up the question of federal supremacy over railroad regulation. Because federal law generally preempts state regulation...more
In the first salvo of a larger environmental-industry showdown impacting Western shale development, the U.S. Fish and Wildlife Service announced Wednesday (Nov. 12, 2014) that the Gunnison Sage Grouse would be granted...more
Conducting commercial operations on tribal lands can pose significant challenges for non-Indian companies. Demonstrating sensitivity to the cultural nuances of Native American society and navigating the complex web of federal...more
While the Deepwater Horizon oil spill has largely disappeared from the news headlines, for the parties involved in the litigation, the legal machinations, particularly with respect to liability, have a long way still to...more
9/24/2014
/ BP ,
Civil Monetary Penalty ,
Clean Water Act ,
Deepwater Horizon ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
Gross Negligence ,
Halliburton ,
Negligence ,
Oil & Gas ,
Punitive Damages ,
Transocean
On September 15, 2014, the New Mexico Supreme Court entered a decision in First Baptist Church of Roswell v. Yates Petroleum Corp., a case that could call into question the validity of royalty agreements and division orders...more