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Status of Oil and Gas-related Bills Proposed in California’s 2015-2016 Legislative Session

February 27, 2015 was the deadline for lawmakers to introduce legislation to the 2015-2016 California Legislative Session and several bills related to oil and gas activities were introduced.  Below is a summary of those...more

Locke Lord QuickStudy: What’s Underground Is Still Up For Grabs in Texas

Since the first oilman drilled the first water disposal well, cases have come through the courts in the U.S. trying to determine what rights each estate owner has, as well as the potential liability attributable to using...more

California’s Fracking Preemption Battle Moves Forward in San Benito County

Oil company Citadel Exploration, Inc. has reportedly filed a lawsuit against San Benito County, arguing that the County’s voter-sponsored ban on various types of well stimulation—often referred to generally as hydraulic...more

Environmental Liability: Relief Through Bankruptcy Or Not?

In re Appalachian Fuel, LLC, 521 B.R. 779 (Bankr. E.D. Ky. 2014) – A state department of environmental protection (DEP) filed an administrative expense application in the bankruptcy cases of coal mining debtors for...more

Will Massachusetts’ New UST Regulations Be a Game Changer?

You can bet on it! The Massachusetts Department of Environmental Protection (DEP) issued a new set of regulations effective January 2, 2015 that will create major burdens for underground storage tank (UST) owners and...more

Quebec Environment Minister Aims to Modernize Environmental Approval Process

On February 25, 2015, the Quebec Minister of Sustainable Development, Environment and the Fight against Climate Change David Heurtel, announced a proposal to modernize the current environmental authorization regime provided...more

EPA Announces It Will Release New Guidelines on Vehicle MPG Ratings

The EPA announced, on February 23, 2015, that it will release new guidelines for vehicle fuel economy testing. The new guidelines will apply next year and will address how vehicles should be prepared and broken in before fuel...more

MassDEP — A Voice of Reason in the Stormwater Permitting Debate

EPA has been working to craft a general permit for small Municipal Separate Storm Sewer Systems for quite some time. The most recent draft permit, published last September, has received significant comment, most recently...more

EPA’s Rules Related to Carbon Emissions and Climate Change Prompt A New Focus By The Opposition

EPA’s new rules for limiting emissions of carbon dioxide for both existing power plants and proposed plants have prompted at least two substantive reports by public policy institutes focusing on the economic aspects of 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

Public Finance Update: New Clean Renewable Energy Bonds: IRS Notice 2015-12 Application Submission and Requirements

The Internal Revenue Service (“IRS”) recently released Notice 2015-12 (the “Notice”), which solicits applications for allocations of the approximately $1.4 billion remaining available amount of national bond volume limitation...more

Is a Statewide Ban in Colorado in Play for 2016?

While Colorado cities continue to litigate their authority to ban fracing, a new environmental group is rallying to ban the practice throughout the entire state. At a gathering on February 24, the “Coloradans Against...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

BakerHostetler's Shale Oil and Gas Industry 2014 Year in Review and 2015 Look Forward

Once again, shale oil and gas production dominated energy headlines in 2014, with a number of key economic, political, and legal developments making news across the country. Bolstered by technologies like hydraulic...more

CFTC Reopens Comment Periods

On February 24, the CFTC submitted for publication in the Federal Register a notice reopening the comment periods for the two Position Limit rulemakings, in anticipation of questions and comments that may arise from the...more

The Keystone XL Pipeline Veto: Much Ado ...

When one talks of pipelines in recent days one hears nearly an incessant buzz about Keystone XL, as if that is where the real action is. But it isn't, notwithstanding the histrionics over President Obama's veto of S.1, the...more

Scanning The Post-Burlington Northern CERCLA Landscape

Since the U.S. Supreme Court issued its landmark decision in Burlington Northern & Santa Fe Railway Co. v. United States, 556 U.S. 599 (2009), holding that a party must “take intentional steps to dispose of a hazardous...more

Insurance Recovery Law - February 2015 #2

Separate Contract Serves to Limit Insurance Coverage for Deepwater Horizon Spill, Texas Supreme Court Rules - Why it matters: The Texas Supreme Court rejected BP’s $750 million claim for coverage under Transocean...more

Ohio Supreme Court Invalidates Local Oil and Gas Regulation

Good news for the oil and gas industry in Ohio came last week in the form of a Supreme Court decision invalidating local ordinances that sought to regulate oil and gas production activities, weighing in on what has recently...more

Court Finds Certain PA Compressor Stations Not ‘Adjacent’ for Purpose of Aggregating Emissions

On February 23, 2015, the District Court for the Middle District of Pennsylvania issued a decision in Citizens for Pennsylvania’s Future v. Ultra Resources, Inc., holding that eight compressor stations owned by Ultra...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

Court Upholds CARB Regulations Implementing Cap and Trade Program to Reduce Greenhouse Gas Emissions

On February 23, 2015, the California Court of Appeal affirmed a trial court decision upholding regulations adopted by the California Air Resources Board (“CARB”) under the California Global Warming Solutions Act of 2006 (“the...more

Ohio High Court: State Oil and Gas Law Trumps Anti-fracking Zoning Rules Enacted by a Municipality

The Ohio Supreme Court, in State ex rel. Morrison v. Beck Energy Corp., Slip Opinion No. 2015-Ohio-485, issued the first state high court decision to consider and reject the proposition that local anti-fracking zoning...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

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