Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.
How to Avoid Corruption Risks in China
Hot Energy Trends in 2014 by Polsinelli
Bill on Bankruptcy: LightSquared, the Battle among Hedge Funds
California Commercial Building Owners Must Disclose Energy Usage of the Building During Sale, Lease or Financing after July 1, 2013
Transbay Tower Groundbreaking
Consultant: BigLaw Growth is NOT Dead!
Weekly Brief: 78% of Law Schools Ignore ABA Rule
Deryck Palmer on What’s Next for the Energy Sector
BigLaw's Banker: I've Got a "Robust" List of Firms That May Fail
Regulatory Challanges When Bringing a Vehicle to Market in the United States
Who pays for road damage in Pennsylvania after ACT 13?
Marcellus gas fuels Natural Gas Vehicles
Natural gas encourages industrial and large commercial end-users to revisit their operational plans
Goldman Sachs' Conflicts at Center of Kinder-El Paso Deal
Is Fracking Safe?
The Environmental Protection Agency and the Army Corps of Engineers have presented a draft of joint regulations under the Clean Water Act to the Office of Management and Budget for an internal governmental review. While the...more
On December 16, 2013, the Town of Dryden, New York filed its merits brief with the New York Court of Appeals, arguing that state law does not preempt the Town’s local zoning ordinance purporting to ban hydraulic fracturing....more
On November 12, 2013, inTrillium Power Wind Corporation v. Ontario (Natural Resources), 2013 ONCA 683, the Ontario Court of Appeal allowed a $2-billion action by Trillium Power Wind Corporation (Trillium) to proceed against...more
Municipal water rights present an anomaly under the prior appropriation doctrine, which governs water law in the West. The doctrine is predicated on the idea that the permittee will act quickly to put the water to beneficial...more
The North Dakota Supreme Court recently issued its second opinion in Van Sickle v. Hallmark & Associates, a case that has tested the boundaries of a mineral interest holder’s right to royalties when well operators go...more
The U.S. District Court for the Southern District of West Virginia has issued a number of decisions in the last several years touching upon the outer contours of jurisdiction under the Clean Water Act’s citizen suits...more
On December 13, the District Court for the District of Columbia dismissed plaintiffs’ challenge in Food and Water Watch v. EPA to the Chesapeake Bay TMDL’s discussion of pollution trading and offsets. As I had previously...more
If you furnish labor or materials to an oil or gas well and are not paid, then you should consider filing a mineral lien. Below are the steps to perfect a mineral lien....more
You might have to, if the Environmental Protection Agency gets its way in the U.S. Supreme Court on Tuesday.
The court will hear oral arguments in a case dealing with the EPA’s ability to regulate cross-state, or...more
Last month, the Illinois Department of Natural Resources (“IDNR”) published its first draft of the regulations (62 Ill. Adm. Code 245) (the “HFRA Draft Regulations”) under the Illinois Hydraulic Fracturing Regulatory Act (225...more
The Third Circuit recently clarified the home state and local controversy exceptions to the Class Action Fairness Act (CAFA), remanding proceedings in a case involving Marcellus Shale oil and gas leases to a Pennsylvania...more
Scoundrels often get away with their crimes by scamming lots of victims for small amounts, so that no one investor can afford to prosecute his claim. Big Rock Investors Association v. Big Rock Petroleum, Inc. was an...more
This week, the New York Supreme Court, Appellate Division, Third Department (“Third Department” or “Court”), issued a memorandum decision in the case of Thrun v. Cuomo, dismissing a legal challenge to New York’s involvement...more
Construction of the 485-mile-long southern portion of the TransCanada Keystone Pipeline system (known as the Gulf Coast Project) is scheduled to be completed and operational by the end of 2013, but it leaves a legacy of...more
On November 22, industry groups filed in the D.C. Circuit five petitions for review of the Environmental Protection Agency’s (EPA) final amendments to new source performance standards (NSPS) governing the oil and natural gas...more
In Walton v. City of Midland, the surface owner of a 35 acre tract within the city limits of Midland, Texas, contended that a provision in a city permit for an oil or gas well was a regulatory taking because it required the...more
A royalty holder must make reasonable inquires to confirm that a royalty has been properly paid and will be limited to a two-year recovery if not, the Alberta Court of Appeal has ruled in Canadian Natural Resources Limited v...more
The South Australian parliament yesterday passed amendments to the National Electricity Law (NEL) and National Gas Law (NGL) to give effect to the policy position of the Standing Council on Energy and Resources (SCER) in...more
In an opinion last week surprising only for the shortness of the shrift that the Court gave to DOE’s arguments, the DC Circuit Court of Appeals ruled that DOE may not continue to collect nuclear waste handling/disposal fees...more
Oh, how a simple Favored-Nations clause in an oil and gas lease can get complicated, with large financial consequences! In BP America Production Company v. Zaffirini, BP paid Solis a $1,300 per acre bonus for a lease covering...more
In a case seeking to compel the Washington Department of Ecology and two regional agencies in the state of Washington to regulate greenhouse gases under the Clean Air Act, the Ninth Circuit Court of Appeals ruled that the...more
In August this year, Australian patent application 2003258753 (“the application”) directed to diesel fuel compositions was successfully opposed on the ground that the application did not disclose the best method of performing...more
Vestiges of the early Haynesville Shale land rush remain.
Imagine: The lease is about to expire. Lessee (Mecom) offers lessor (Henderson) $90 per acre for an extension, telling him, “I could extend for two more years...more
Significant oil and gas exploration and development has occurred and continues to occur in South Texas. Whenever an injury, death, or environmental damage results from these operations, a defendant energy company have often...more
Two federal district courts recently found that the exclusive jurisdiction of the Federal Energy Regulatory Commission ("FERC") over wholesale sales of electricity under the Federal Power Act (the "FPA") preempts state...more