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The Early Bird Catches the Worm: A Lesson in Submitting Drilling Applications Early to Avoid Expiration of Federal Oil and Gas...

As many of you know, permitting delays are not only frustrating but can have real consequences for project applicants with contractual deadlines. In the case of a federal oil and gas lease, operators should be mindful of the...more

FERC Technical Conferences Examining EPA Clean Power Plan Are Underway

At the close of 2014, the Federal Energy Regulatory Commission (“FERC”) announced that it would hold a series of technical conferences to examine issues surrounding compliance with the Clean Power Plan proposed by the U.S....more

The Clean Power Plan: A View from FERC, Part II - Infrastructure

Because I had a seat inside the meeting room at FERC's Clean Power Plan Overview last Thursday, I got a close-up view of the protesters. Most were older (as opposed to the college-student variety), they carried signs, wore...more

The Clean Power Plan: A View from FERC

It is innocuous enough: Conference on Environmental Regulations; but the plainness of title belies what is going on at the Federal Energy Regulatory Commission today. Today is the first public forum at FERC on EPA's Clean...more

The Supreme Court of Texas Marries Contractual Limitations to Insurance Policies

In a case that has been closely watched by the oil and gas industry and its insurers, the Supreme Court of Texas issued its opinion in In re Deepwater Horizon on February 13, 2015, and settled the debate concerning whether a...more

Pa. Supreme Court Denies Equitable Tolling of Oil and Gas Lease’s Primary Term

Last week, the Pennsylvania Supreme Court, on certification from the United States Court of Appeals for the Third Circuit, ruled that the primary term of an oil and gas lease would not be equitably tolled during the pendency...more

Pennsylvania Superior Court: Storage Activities Hold Production Rights Under "Dual Purpose" Lease

The explosion of natural gas production in the Appalachian Basin in recent years has led to litigation involving landowners trying to get out of existing oil and gas leases to take advantage of the fierce competition among...more

Court Will Not Halt Horizontal Drilling Operation to Reach Adjacent Lessee’s Land

Using offsite locations for horizontal drilling is becoming increasingly popular as surface use becomes difficult. In Lightning Oil Inc. v. Anadarko Petroleum Corporation, the San Antonio Court of Appeals looked at what can...more

Operator Can’t Recover Drilling Costs For Affiliate’s Expensive Rig

In Elm Ridge Exploration Co., LLC v. Engle we are reminded of a little-used provision in the 1989 Model Form Operating Agreement. Article VI.D.1 allows the operator to use its own equipment, but his charges may not exceed...more

Washington State Producers and Retailers of Mercury-Containing Lights Face New Regulations

The New Year brought with it new obligations for any company that produces or sells mercury-containing lights in (or into) Washington State. As of January 1, 2015, the State’s recycling program and corresponding funding...more

SHE Matters - Winter 2014/2015

In This Issue: - Fee For Intervention – Is It Set To Stay? - How To Protect Brand Reputation And Sales From The Risks Associated With A Product Recall - Review Of The Proposed Changes In The Sentencing Of Health...more

Corps Issues New Compensatory Mitigation Guidelines for California

The U.S. Army Corps of Engineers, South Pacific Division, has issued its “Final 2015 Regional Compensatory Mitigation and Monitoring Guidelines.” The Guidelines will apply in the Corps’ San Francisco, Sacramento, Los Angeles,...more

IRS Releases Guidance on Performance and Quality Standards for Small Wind Energy Property

The IRS recently released Notice 2015-4 (the Notice), which provides performance and quality standards that small wind energy property (defined under section 48(c)(4) of the Code as property utilizing a “qualifying small wind...more

The “LNG Permitting Certainty and Transparency Act”— A Positive Step Toward Expediting U.S. LNG Export Projects

Restrictive regulations and permitting processes that operate at glacial speed (as opposed to market speed) pose the primary hurdles to greater U.S. exports of liquefied natural gas (LNG). In response to a chorus of...more

Amendments to the Kazakhstan Legal Regime for the Mining Industry

The Law of the Republic of Kazakhstan “On introduction of amendments and additions to certain legislative acts on subsoil use matters” No. 271-V 3PK was adopted on 29 December 2014 and, save for the specified provisions,...more

New Water Reporting Requirements for Oil and Gas Operators

A new oil and gas reporting bill, Senate Bill 1281, sponsored by State Senator Fran Pavley, was signed by Governor Brown on September 25, 2014. The California Department of Conservation – Division of Oil, Gas and Geothermal...more

Listen to the Words In the Injunction Battle

In Lightning Oil Company v. Anadarko E&P Offshore, LLC, the surface and 1/6 of the minerals of the Chaparral Wildlife Management Area is owned by the Texas Parks and Wildlife Department. 5/6th of the minerals is owned by the...more

US to auction Massachusetts offshore wind sites

The U.S. Department of the Interior has announced plans to auction more than 742,000 acres offshore Massachusetts for commercial wind energy development. On January 29, 2015, the Department's Bureau of Ocean Energy...more

Emissions Reduction Fund Passed by Australian Parliament

On 24 November 2014 the Australian Parliament passed the Carbon Farming Initiative Amendment Bill 2014 (Bill) which puts in place the Emissions Reduction Fund (ERF). The ERF is the cornerstone of the Australian Government's...more

Managing a FERC audit

What happens when the Federal Energy Regulatory Commission audits a public utility? The Federal Energy Regulatory Commission has jurisdiction over interstate transmission of electricity, natural gas, and oil, as well...more

Some Welcomed Recognition for Exploration Mining Companies

As market sentiment and investor confidence in Australia's extractive industries remains subdued, recent initiatives from governments and regulators demonstrate, at least, an acknowledgment of the issues faced by mineral...more

México Projects Part VI: Package of Laws and Regulations in Respect of the Mexican Energy Reform Secondary Laws Published

This client alert is a follow-on to our client alerts on the Mexican Energy Reform relating to the publication of the laws relating to the Mexican Energy Reform, and the rules and regulations under the secondary legislation...more

An Update on Recent Oil- and Gas-Related Decisions in Ohio

Due to increased drilling activity in the Utica shale formation, state and federal courts in Ohio and the 6th Circuit have recently issued decisions related to local drilling regulations, drilling permits, leasing, indemnity...more

B.C. Supreme Court Upholds Recurring Short-Term Water Use Approvals

The B.C. Supreme Court has recently clarified the interpretation of section 8 of the B.C. Water Act. Section 8 relates to the power of the B.C. Oil and Gas Commission (OGC) to grant approvals to oil and gas companies for the...more

New Licence Terms Promoting Unconventional Exploration and Production are Introduced for the UK's 14th Onshore Licensing Round

On the 28th July 2014 the UK's Energy Minister, Matthew Hancock, invited applications for the award of new onshore petroleum exploration and development licences (PEDLs) in the 14th Landward Licensing Round. The round will...more

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