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?
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
The State Water Control Board recently issued a Public Notice concerning proposed amendments to the Virginia Stormwater Management Regulations, 9 VAC 25-870, et seq. (the “Regulations”), and indicated it will consider those...more
The IRS has released new guidance (Notice 2013-70) (the “Guidance”) in the form of a Q-and-A interpreting tax credits available to individual taxpayers under IRC Section 25D (Residential Energy Efficient Property) (the “25D...more
The Sixth Circuit Court of Appeals ruled last week that Ohio landowners do not have a contractual right to terminate their oil and gas leases with Chesapeake Exploration LLC based on Chesapeake’s failure to match third-party...more
Residential lenders and servicers are continuing to see a larger impact from the natural gas boom, and it is not just from properties hosting drilling operations. More lenders are seeing increasing numbers of borrowers...more
Reuters ran an interesting article on October 9, “Special Report: U.S. Builders Hoard Mineral Rights Under New Homes”, an excellent and comprehensive report describing a practice by some developers and homebuilders to...more
Notice of a Public Hearing for a Property-related Fee or Charge Must Only be Mailed to the Record Owners of Each Affected Parcel -
A California court of appeal recently held that a groundwater management agency’s...more
Learn more about the major issues currently going on in Texas related to surface water. This article was initially published on the Texas Agriculture Law Blog at http://agrilife.org/texasaglaw ...more
This article outlines the basics of surface water law in Texas.
*This was first published on the Texas Agriculture Law Blog at http://agrilife.org/texasaglaw . ...more
With the passage of Act No. 428 in the 2013 Regular Session (Act 428), the Louisiana Legislature made significant changes to the wind and solar energy systems income tax credits allowed by Louisiana Revised Statutes 47:6030...more
As I last discussed in June, during the past few years, proximate property owners have increasingly raised complaints about the siting and operation of wind turbines in Massachusetts. This phenomenon is hardly unique to...more
On September 19, 2013, the California Public Utilities Commission (CPUC or Commission) approved a pilot on-bill repayment program that permits nonresidential customers of the state’s large investor-owned utilities (IOUs) to...more
Lawyers and landmen are taught that a document affecting real or immovable property not recorded in the public records means nothing to a stranger. Like O. J.’s quest for the real killer, lower premiums after the Patient...more
Devon Energy Corporation has filed an application for interlocutory appeal with the New Mexico Court of Appeals. If accepted, the Court of Appeals will likely determine whether New Mexico recognizes the "Marketable Condition...more
A recent Texas appellate court decision outlines the mechanics of a "most favored nations clause" in an oil and gas lease. These clauses require that a mineral lessor treat the lessee as well as any other lessee in a defined...more
In this presentation:
- Conveyance Problems
- Allocation of Royalties
- Partial Quitclaim Problem
- Foreclosure Issues
- Excerpt from: Conveyance Problems...more
It has long been a rule in Texas that the mineral estate is dominant over the surface estate. This rule has taken on increased importance recently with the shale boom driving increased E&P activity in the state....more
Over the past 18 months, landowners have filed independent actions in West Virginia state courts to invalidate oil and gas leases, some, if not all, of which have been removed to the federal court for the Northern District of...more
The Texas Supreme Court's ruling in Bragg makes clear that, at least in some circumstances, a groundwater conservation district's denial or limitation of a permit seeking to pump groundwater for irrigation can constitute a...more
A new study assesses potential correlations between small-magnitude seismic events with fluid extraction and injection in the area of the Eagle Ford Shale of south-central Texas....more
In California Building Industry Association v. Bay Area Air Quality Management District (CBIA) (Case No. A135335 (Cal. Ct. App. 1st, August 13, 2013)), the First District Court of Appeal overturned the trial court and held...more
I'll give you a hint, this is a bit of a trick question. Give up? Okay. Whenever you name a State agency, of course.
In Lavine v. State of California (pdf), a property owner filed a lawsuit after the Regional Water...more
On Wednesday, in Bell v. Cheswick Generating Station, the 3rd Circuit Court of Appeals revived class action nuisance claims brought by residential property owners living within one mile of GenOn’s Cheswick Generating Station....more
In Texas, surface owners are often surprised to learn that mineral owners who lease the mineral rights to an oil company grant that company the right to various uses of the surface estate. In these situations, the surface...more
Proposition 26 expanded the definition of the term “tax” for purposes of article XIII C of the California Constitution in order to halt evasions of Proposition 218. A Court of Appeal recently addressed whether Proposition 26...more