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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 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
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
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
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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