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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

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

Pennsylvania and Ohio High Courts Issue Decisions Impacting Oil and Gas Operators

Supreme Court of Pennsylvania Declines to Extend Primary Term of Oil and Gas Lease - In Wayne Harrison, et al. v. Cabot Oil & Gas Corp., Case No. 75 MAP 2014 (Pa. Feb. 17, 2015), the Supreme Court of Pennsylvania...more

State Oil and Gas Laws v. Local Control: The Struggle Continues in Ohio

On February 17, 2015, the Ohio Supreme Court announced its ruling in The State Ex Rel. Morrison v. Beck Energy Corporation et al. That closely-watched case addressed whether local ordinances that impact drilling operations...more

Water District Not Liable In Inverse Condemnation When Water Pipe Breaks and Damages Property

California’s infrastructure is aging. There have been numerous reports of water line breaks and gas line leaks, and public agencies have been moving quickly to upgrade their utilities to minimize these risks and satisfy...more

Supreme Court of Ohio Rejects Local Governments’ Attempts to Regulate Oil and Gas Activities

In the Appalachian basin, several states have recently faced the issue of whether local governments have the ability to regulate oil and gas operations, potentially causing a maze of varying rules and requirements from one...more

Ohio Supreme Court Rules That Municipalities Cannot Block Drilling Activities Permitted By the State

On February 17, 2015, the Ohio Supreme Court ruled that the city of Munroe Falls could not shut down a company’s drilling operations for failing to comply with local ordinances. In so ruling, the Court held that the state has...more

Litigation Alert: "Texas Appellate Court Says Pipeline Must Convince Jury of Common Carrier Status in Condemnation Case"

An intermediate Texas appellate court has called for an extensive jury role in the ongoing issue of determining when a pipeline is a common carrier. Common carrier status is critical to the pipeline company’s ability to use...more

Ohio Supreme Court Strikes Down Local Oil & Gas Regulations – How State Law Preemption Is Shielding the Oil and Gas Industry

In a closely watched, 4-3 decision issued yesterday, February 17, the Ohio Supreme Court ruled that the ‘Home Rule Amendment’ to the Ohio Constitution does not grant the city of Munroe Falls the power to enforce its own oil...more

2015 Texas Legislative Session Includes Twin Bills Concerning Municipal Fracking Bans

With the opening of the 84th Session of the Texas Legislature on January 13, 2015, two of the more closely watched bills in the energy arena will be House Bill 539 (HB539) and House Bill 540 (HB540). HB539, filed on December...more

Unanimous Pennsylvania Commonwealth Court rules that the Supreme Court’s interpretation of Environmental Rights Amendment in...

The Pennsylvania Commonwealth Court ruled on January 7, 2015 that the Supreme Court’s interpretation of the Environmental Rights Amendment in Robinson Township, which was backed by only three justices, is nonbinding. The...more

Keystone Pipeline May Be First Clash between President and New Congress

So the new Congress has been sworn in back in Washington, and the nation gears up for the first big clash between the Republican-controlled Congress and President Obama.  What will the first major battle be:  health care;...more

The Unintended Effects of Protecting the Environment – How Banning Fracking Can Lead San Benito County To Bankruptcy

On November 4, 2014, San Benito County voters went to the poles to vote on Measure J, the measure designed to prohibit hydraulic fracturing, known as fracking, and related gas and oil extraction activities, as well as other...more

Pa. Gas Utility May Use Eminent Domain to Supply Private Power Plant

A Lycoming County, Pennsylvania, judge recently authorized a natural gas public utility to use its eminent domain power in condemning easements for the construction and maintenance of a pipeline to supply gas to a private...more

Denton Becomes First Texas City to Ban Hydraulic Fracturing

On Tuesday, November 4, 2014, 59 percent of voters elected to ban the practice of hydraulic fracturing (“fracing”) in the city of Denton, which sits on top of the hydrocarbon-rich Barnett Shale. Although the ban does not...more

Court of Appeal Finds: Environmental and Natural Resources Existing Flood Danger Was Not An Impact Of Proposed Dam Upgrade...

In Paulek v. California Dept. of Water Resources (2014) (October 31, 2014, E060038) __ Cal.App.4th __, the Court of Appeal upheld the final environmental impact report (“EIR”) prepared by the California Department of Water...more

Railroad Commission Chairwoman: “It’s My Job to Give Permits, Not Denton’s”

At a November 6 event, Texas Railroad Commission Chairwoman Christi Craddick unequivocally stated that the Commission would continue to issue drilling permits to operators in Denton, despite the November 4 vote making it the...more

City of Fort Collins, Colorado, Appeals Ruling Striking Down Fracking Bans

The week of September 22, the Fort Collins, Colorado, City Council voted to appeal a decision rendered last month that struck down the city’s fracking ban. In that August 2014 decision, a Larimer County District Court...more

Easements Made Easier: Building Pipelines with the Power of Eminent Domain Under the Natural Gas Act

Any person or entity seeking to construct a natural gas pipeline and successful in obtaining a certificate of convenience and necessity from the Federal Energy Regulatory Commission may exercise the power of eminent domain to...more

Supreme Court Roundup: Recent Environmental Law Rulings and Pending Cases

Scaling back considerably from the October 2012 Term, the United States Supreme Court issued only a few rulings affecting environmental law during the October 2013 Term. With significant pronouncements regarding EPA’s Clean...more

Keystone XL Pipeline Faced Scrutiny in Nebraska Supreme Court September 5, 2014 Hearing

The Keystone XL pipeline project faced a major hurdle in the Nebraska Supreme Court last Friday, as federal approval of the pipeline may be influenced by the court’s decision regarding the constitutionality of the process by...more

Oil and Gas Developer Challenges an Extreme Waste Disposal Ordinance Enacted by a Pennsylvania Township

Oil and gas developer Pennsylvania General Energy Company, LLC (“PGE”) recently filed suit against Grant Township in Indiana County, Pennsylvania, alleging that a waste disposal ordinance enacted by the Township violates the...more

What Remains of Act 13 in Pennsylvania after Robinson? Pennsylvania Commonwealth Court Strikes Further Provisions of Act 13 as...

Earlier this year, we reported in our Client Alert dated January 15, 2014, on the Pennsylvania Supreme Court’s decision in Robinson v. Commonwealth of Pennsylvania, 83 A.3d 901 (Pa. 2013). In Robinson, the Supreme Court...more

How Untimely Service Can Be Deadly To Your Takings Claim

If you ask ten attorneys what keeps them up at night, at least six of them will recount nightmares about missing a filing deadline. I know what you're thinking. How hard can it be? You just look in the Code, find the...more

Industry Group Sues Compton for Moratorium on Hydraulic Fracturing

The City of Compton is being sued for its ordinance banning hydraulic fracturing, effective on April 22, 2014. (Western States Petroleum Association v. City of Compton, et al., Case No.BC552272.) Although Compton is not...more

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