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FERC Policy Statement Regarding Pipeline Recovery of System Modernization Costs

On April 16, 2015, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Policy Statement on Cost Recovery Mechanisms for Modernization of Natural Gas Facilities (the “Policy­­­.Statement”), opening...more

D.C. Circuit Upholds FERC Approval of Maryland Natural Gas Facility

On April 24, the D.C. Circuit issued its opinion in Myersville Citizens for a Rural Community v. FERC, upholding the Federal Energy Regulatory Commission’s (“FERC” or the “Commission”) approval of Dominion Transmission’s...more

Guinea: New Hydrocarbons Code

The Guinean State Minister of Mines and Geology, Kerfalla Yansané, recently announced a possible launch of a bidding round in 2015 for offshore oil blocks in Guinea under the new hydrocarbons code (the “New Code”). Following...more

FERC Revises Interstate Natural Gas Pipeline Nomination Timelines

On April 16, 2015, the Federal Energy Regulatory Commission (FERC) issued a much-anticipated final rule modifying some of the scheduling practices used by interstate natural gas pipelines to better coordinate the scheduling...more

Recent Court of Appeals Decision Guts Force Majeure Clauses in Most Oil and Gas Leases

On March 31, 2015, the New York State Court of Appeals issued an opinion in the case of Walter R. Beardslee, et al. v. Inflection Energy, LLC, et al., interpreting the applicability of force majeure clauses to extend the...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

Draft Integrated Science Assessment for Oxides of Nitrogen – Health Criteria - EPA has announced an extension of the public comment period for the second external review draft of a document titled, “Second External Draft...more

California Proposes Emergency Rules for Oil & Gas Waste Water Injection Wells as Precautionary Measure

On Thursday, April 2, the California Department of Conservation (“DOC”) published a notice of proposed emergency rulemaking for the state’s Class II Underground Injection Control (“UIC”) program. The purpose of the...more

Department of the Interior Releases Comprehensive New Rules on "Fracking"

On March 26, 2015, the Department of the Interior formally published a comprehensive set of new rules regarding Hydraulic Fracturing, commonly known as “fracking.” Several years in the making, the new rules — which go into...more

Congressman Ed Whitfield Proposes Means for States to Avoid Compliance with the EPA’s Clean Power Plan

On March 23, 2015, Congressman Ed Whitfield (R-KY), Chairman of the Energy and Power Subcommittee of the House Energy & Commerce Committee, released a discussion draft of the Ratepayer Protection Act of 2015 (the Act)....more

MATS in the Supreme Court–Toxic to EPA?

The Supreme Court heard oral arguments yesterday on whether the Environmental Protection Agency (EPA) unreasonably decided not to consider the cost of regulation when the EPA determined it was “appropriate and necessary” to...more

Locke Lord QuickStudy: Shades of Sheppard?

In Wagner & Brown, Ltd. v. Sheppard, 282 S.W.3d 419 (Tex. 2008), the Texas Supreme Court held that the termination of Sheppard’s lease (Sheppard was the Lessor) did not terminate her participation in a unit into which her...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - Maine Massachusetts New Hampshire Nothing to report STATUS OF PREVIOUSLY REPORTED RULES COMPLIANCE DEADLINES For more information, see our mobile-friendly ENViromation Center, an online...more

EPA Approves New Refrigerant Alternatives

On March 2, 2015, the U.S. Environmental Protection Agency published a final rule expanding the number of refrigerants approved for use in a variety of refrigeration and air-conditioning equipment as compliant with the...more

Mexico’s Energy Industry

On February 27, 2015, the Comisión Nacional de Hidrocarburos (CNH) published in the Federal Gazzette (or Diario Oficial de la Nación, DOF) the Call for Bidders No. CNH-R01C02/2015, the Bidding Guidelines and the Model...more

MN PUC Denies Return on Cost Overrun for Xcel Nuclear Project

On Tuesday and Friday this week, the MN PUC heard arguments from various stakeholders regarding the Xcel Energy life cycle management and extended power uprate (LCM/EPU) projects. The stage for the arguments was set by the...more

New Proposed Requirements for Prop 65 Warnings Create Potentially Significant Implications for Businesses Across the Country

The California Office of Environmental Health Hazard Assessment (OEHHA) recently sent out a notice regarding proposed rulemaking to repeal the existing regulations that govern the provision of clear and reasonable warnings...more

Fracking: Yes! There’s Insurance Coverage for That!

Some people believe that “fracking” – the use of horizontal drilling and hydraulic fracturing technology – is a miracle, increasing the extraction of oil and gas from places deep under the ground where hydrocarbons were...more

DOE Overhauls Export Controls for Nuclear Technology

On February 23, 2015, the Department of Energy (DOE) released a long-awaited final rule overhauling its Part 810 Regulations (10 C.F.R. Part 810) governing the export of certain nuclear technology and assistance. Effective on...more

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

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