Commercial Law & Contracts, Energy & Utilities Law, Zoning, Planning & Land Use

Reed Smith Marcellus Shale Tax Update - Recycle, Reuse, Reduce Your Tax Burdens

by Stephen Blazick, Daniel Dixon, Lee Zoeller | Reed Smith on 5/17/2013

Pennsylvania’s broad mining exemption from sales and use tax also includes an exemption for pollution-control devices that is less well known than the general exemption for mining equipment. The pollution-control exemption...more

DISPUTE RESOLUTION: Oil & Gas Litigation: New Decision May Impede Fracking on Federal Land

by King & Spalding on 5/10/2013

Recently, a California federal court blocked drilling on certain federal land located in California’s Monterey Shale Formation play. In reaching its decision, the court relied heavily on perceived risks of fracking, holding...more

Power Plant Project Suspended After California Public Utilities Commission Ruling - Move Highlights Importance of Commission’s...

by Sophie Akins | Best Best & Krieger LLP on 5/10/2013

In a ruling that highlights how California Public Utilities Commission (CPUC) decisions can have broad impacts on proposed power projects, the CPUC recently denied San Diego Gas & Electric Company (SDG&E) the authority to...more

Climate Change Legal Work: Changing The Paradigm Does Not Come Easily

by J. Wylie Donald | McCarter & English: Climate Change &... on 5/9/2013

I learned the other day that for $3995 I can download nearly a 1000 page report on the climate change industry. The Ah Hah moment was at hand. The President’s promise at his inauguration and then again at the State of the...more

Part II - How Will North Carolina Handle Forced Pooling?

by Jessica L. Kimble | Spilman Thomas & Battle, PLLC on 5/3/2013

As discussed in Part I, the North Carolina Mining and Energy Commission (“N.C. MEC”) will present its report on hydraulic fracturing to the Joint Legislative Commission on Energy Policy and the Environmental Review Commission...more

New Floodplain Ordinance Targets Oil and Gas Operations

by Mark Clark | Spilman Thomas & Battle, PLLC on 4/26/2013

The County Commission in Doddridge County, West Virginia is currently considering amendments to its Floodplain Ordinance as a result of a December 17, 2012 decision by the Circuit Court of Doddridge County. (Comments to the...more

U.S. District Court Says BLM Must Address Environmental Impacts of Fracking - Court Finds Fracking Operations are Subject to NEPA...

by Fernando Avila, Lucas Quass | Best Best & Krieger LLP on 4/24/2013

In an order addressing hydraulic fracturing (fracking) on federal lands, the U.S. District Court for the Northern District of California ruled that the Bureau of Land Management (BLM) violated the National Environmental...more

Earth Matters - April 2013: Fracking Moratorium Leads to Termination of Oil and Gas Leases

by Kevin Hogan | Phillips Lytle LLP on 4/23/2013

In 2008, then-Governor David A. Paterson directed the New York State Department of Environmental Conservation (DEC) to supplement its environmental impact review of oil and gas exploration in New York to consider the...more

TRANSACTIONAL: Bankruptcy: Contractor Insolvency Issues in Large Project Transactions

by King & Spalding on 4/19/2013

An issue that is often overlooked, but should be considered in the context of large project transactions, is the potential insolvency of contractors and subcontractors. A bankruptcy proceeding involving a key contractor can...more

Earth Matters - April 2013

by Kimberly Barnashuk, Jennifer Dougherty, Patrick Fitzgerald, Morgan Graham, Kevin Hogan, Susan Marriott, Donald Ross, Adam Walters | Phillips Lytle LLP on 4/19/2013

In This Issue: - Making Solar Power More Affordable for New Yorkers - Fracking Moratorium Leads to Termination of Oil and Gas Leases - New Water Withdrawl Permit Requirements - Update on Federal Trade...more

CBD v. Salazar And The Way Forward For Fracking In Federal Minerals

by Tyler Welti | Perkins Coie on 4/18/2013

On March 31, 2013, a magistrate judge with the U.S. District Court for the Northern District of California ruled that the U.S. Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) in issuing...more

Regulatory Issues Cause ConocoPhillips to Join Shell Oil in Suspending its Drilling Program in Arctic Waters off Alaska

by Mike Jungreis | Davis Wright Tremaine LLP on 4/12/2013

Today, ConocoPhillips announced that it is suspending its drilling program in the Chukchi Sea off the northwest coast of Alaska for 2014, due to uncertainty regarding the changing regulatory requirements. ...more

The Alaska Constitution and Alaska Oil and Gas Projects

by Lisa Doehl | Davis Wright Tremaine LLP on 4/10/2013

In the March 29th decision of Sullivan v. Resisting Environmental Destruction on Indigenous Lands (REDOIL), the Supreme Court of Alaska held that the Alaska Constitution requires only one “best interest finding” (that an oil...more

The National Energy Board’s New System of Administrative Monetary Penalties

by Marie Buchinski, Lawrence Smith | Bennett Jones LLP on 4/8/2013

On February 16, 2013, draft Administrative Monetary Penalties Regulations (AMP Regulations) were published in the Canada Gazette, Part I, setting out necessary details for a new enforcement tool in the form of administrative...more

Ninth Circuit Orders Endangered Species Act Case To Be Reheard En Banc

by Ashley Remillard | Nossaman LLP on 3/7/2013

On March 5, 2013, the United States Court of Appeals for the Ninth Circuit ordered Natural Resources Defense Council v. Salazar, 1:05-cv-01207, to be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and...more

Guinea Publishes Its Mining Contracts

by Paule Biensan, Rebecca Campbell, John Tivey | White & Case LLP on 2/22/2013

The Republic of Guinea is home to substantial reserves of mineral resources, notably in bauxite and iron ore, and is widely considered in the mining and metals sector as a key jurisdiction to watch for significant growth in...more

Pennsylvania Legislature Considers Amendments to the Dormant Oil and Gas Act

by Stefanie Lepore | Reed Smith on 2/13/2013

Proposed changes to Pennsylvania’s Dormant Oil and Gas Act may lead to disputes over the validity of existing oil and gas leases. In Pennsylvania, it has been long understood that the oil and gas subsurface estate may be...more

Mineral Claims And The Duty To Consult In Yukon

by Brian Abraham | Dentons on 1/24/2013

On December 27, 2012, the Yukon Court of Appeal handed down its decision in Ross River Dena Council v Government of Yukon, 2012 YKCA 14. The decision related to an appeal of Mr. Justice Veale’s decision regarding the claim of...more

The Fine Print of Natural Gas Property Rights: Cautionary Lessons from Western Ohio and New York

by McDermott Will & Emery on 11/7/2012

Much of the discussion about hydraulic fracturing has focused on the environmental, health and other community risks allegedly posed by the process. While these perceived risks have taken center stage in the media,...more

Earth Matters - October 2012

by Morgan Graham, Kevin Hogan, Susan Marriott, Inshirah Muhammad, Thomas Puchner, Adam Walters | Phillips Lytle LLP on 11/1/2012

In This Issue: - Updated Siting Process for Power Plants in New York - Sustainability in Leasing Series – Part I: The Green Rider - Sustainability in Leasing Series – Part II: The Green Lease Policy Statement &...more

Exxon, Shell Win Colombia Blocks, But Shy Away From Shale

by Michael Diaz Jr. - Diaz Reus International... on 10/30/2012

Originally published in Law 360 on October 23, 2012. Units of Exxon Mobil Corp., Royal Dutch Shell PLC and Anadarko Petroleum Corp. picked up leases in Colombia's latest oil auction on Wednesday, growing their footprints...more

New CEQA Decision Provides Guidance and Caution in Agency Actions Approving Water Supply Contracts

by Kronick, Moskovitz, Tiedemann & Girard on 10/18/2012

In a decision handed down October 4, 2012, the Third District Court of Appeal has held that El Dorado Irrigation District’s approval of a water supply contract to provide increased water entitlements to the Shingle Springs...more

Ontario Court Dismisses Billion Dollar Damages Claim Relating to Moratorium on Offshore Wind Farms

by Osler, Hoskin & Harcourt LLP on 10/17/2012

On October 5, 2012, the Ontario Superior Court of Justice struck out an action brought by Trillium Power Wind Corporation (Trillium) against the Ontario government seeking $2.5 billion in damages occasioned by Ontario’s...more

Pennsylvania General Assembly passes Bill allowing drilling on state university land

by Saul Ewing LLP on 10/3/2012

On September 25, 2012, the Pennsylvania House of Representatives passed legislation that will allow the Commonwealth of Pennsylvania to lease mineral rights under land owned by state universities. The bill had previously been...more

Ontario’s Public Lands Act: What Miners Need to Know

by Dentons on 8/31/2012

Many of our mining clients do not appreciate the role of the Ministry of Natural Resources (“MNR”) and the regulation of Crown land through the Public Lands Act. While licenses for advanced prospecting and mine development...more

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Commercial Law & Contracts › Energy & Utilities Law › Zoning, Planning & Land Use