Oil & Gas

News & Analysis as of

House Passes Legislation to Lift Nearly 40 Year Ban on Crude Oil Exports

Signifying a historic shift in U.S. energy policy, the House of Representatives passed legislation on October 9 that would lift the nearly 40-year ban on crude oil exports by a vote of 261 to 159. Twenty-six Democrats joined...more

Oil and Gas Industry Concerned about EPA’s Proposed Methane Emissions Rules

On August 18, 2015, the EPA released proposed rules aimed at reducing methane and other volatile organic compound (VOC) emissions in the oil and natural gas industry. In January 2015, the EPA stated its goal to decrease...more

House Passes Legislation Despite Chaos

Amid a House in chaos as a result of a Republican leadership vacuum, the U.S. House of Representatives managed to pass legislation (H.R. 702) last Friday to lift a 40-year ban on exports of domestic crude oil. Although 26...more

Energy Newsletter - October 2015

FERC Shares Best Practices for Stakeholder Outreach in Gas Project Permitting - The dramatic increase in domestic energy production over the past several years has resulted in the involvement of the Federal Energy...more

Selected Drafting Issues In Midstream Contracts

I will share a small secret – or perhaps, it is not a secret at all. As CLE presentations go, “drafting tip” presentations tend to be very practical in their orientation and are, therefore, more enjoyable and less stressful...more

Oil and Gas Industry Concerned about EPA’s Proposed Methane Emissions Rules

On August 18, 2015, the EPA released proposed rules aimed at reducing methane and other volatile organic compound (VOC) emissions in the oil and natural gas industry. In January 2015, the EPA stated its goal to decrease...more

Court Dismisses Landowners’ Objections to Mariner East 2 Eminent Domain Request

In an Order issued September 29, 2015, Cumberland County Judge Edward Guido dismissed all the preliminary objections filed by a group of landowners challenging the right of Sunoco Pipeline LP to condemn property for the...more

EPA Issues Final Residual Risk Rule for Refineries

On September 29, 2015, the U.S. Environmental Protection Agency (EPA) issued substantial new regulations to control hazardous air pollutant (HAP) emissions from petroleum refineries. The final rule arises from the “residual...more

Environmentalists Issue Notice of Intent to Sue EPA for Alleged Failure to Review and Revise RCRA Oil and Gas Regulations

On August 26, 2015, seven environmental groups (“Environmental Parties”) issued a Notice of Intent to Sue (“NOI”) United States Environmental Protection Agency (“EPA”) Administrator Gina McCarthy for EPA’s failure to meet its...more

Hyperdynamics Resolves FCPA Investigation with SEC Settlement

On September 29, Hyperdynamics Corp. announced a settlement with the SEC, fully resolving the SEC’s FCPA investigation into the Houston-based oil and gas company’s operations in the Republic of Guinea. The SEC proceeded via...more

Commenters Weigh in on Proposed Regulations for Determining MLP Qualifying Income

IRS’ proposed MLP regulations generate flurry of specific industry-related comments and spur public hearing. “I’m mad as Hell, and, frankly, I’m not going to take it anymore.” — Paraphrase of concerned citizen and...more

Phishing for Cybersecurity Coverage: When is a Fraud a “Computer Fraud”?

In late June, the New York Court of Appeals affirmed a trial court ruling that there was no coverage for a health insurance company policyholder, under a “Computer Systems Fraud” rider issued by its insurer, for an underlying...more

Operating a Well in California May Automatically Put You At Risk for a Prop 65 Lawsuit

California's Proposition 65 is notorious for its duty-to-warn requirement, which states that a business must give a clear and reasonable warning prior to exposing people to certain levels of any listed chemical. The warning...more

Inside the Courts: An Update From Skadden Securities Litigators - September 2015 / Volume 7 / Issue 3

This issue of Inside the Courts, Skadden’s securities litigation newsletter, includes summaries and associated court opinions of selected cases principally decided between May 2015 and August 2015. The cases address...more

PHMSA Announces Proposed Pipeline Safety Regulations

On October 1, 2015, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) announced proposed regulations to revise and update its pipeline safety standards and reporting...more

Another Chesapeake Post-Production Deduction Case

The result was like others we’ve seen. Lessors Win. These wells are in Johnson and Tarrant County, Texas. Lessee Chesapeake Exploration sells to affiliate Chesapeake Marketing through affiliate-operator Chesapeake Operating....more

SEC Proposes Schedule for Disclosure Rules Regarding Payments by Resource Extraction Issuers – Final Rules by June 27, 2016

On September 2, a federal judge held that the SEC had “unlawfully withheld” agency action by failing to promulgate final rules requiring disclosure of government payments by resource extraction issuers and gave the SEC 30...more

Pipeline Proposal Would Expand Reporting and Testing, Cost $22.4M Annually

This year has been marked by a series of high-profile pipeline incidents in Montana, West Virginia and California, among others. In response to these incidents, the Pipeline and Hazardous Materials Safety Administration...more

Angola's New Private Investment Law

On 11 August 2015, Angola's New Private Investment Law ("NPIL") came into force on its publication in Angola's Gazette, repealing the previous 2011 law. Like its predecessor, the NPIL sets out the rules applicable to...more

Alberta Court Strikes Out Pleadings Challenging Validity of Oil and Gas Permits

A challenge to the validity of oil and gas permits outside the judicial review process is a collateral attack and will be struck, the Alberta Court of Queen’s Bench held recently in Ominayak v Penn West Petroleum Ltd, 2015...more

House of Representatives Pulls the Plug

Just when they thought they had a deal…there was no deal! Energy and Commerce Chairman Fred Upton (R-MI) and Ranking Member Frank Pallone (D-NJ) initially thought a compromise could be reached for a broad bipartisan energy...more

Important Changes in Litigating Oil and Gas Cases in Federal Court: What the 2015 Amendments to the Federal Rules Mean for Oil and...

Many oil and gas disputes are litigated in federal court. In recent years, federal litigation has undergone significant changes in discovery practices and rules. For example, with the increase in electronically stored...more

Blog: SEC To Issue Final Dodd-Frank Resource Extraction Disclosure Rule By June 2016 (Maybe)

As noted in this Law 360 article and in this thecorporatecounsel.net blog , on Friday, the SEC filed a Notice of Proposed Rulemaking in the U.S. District Court for the District of Massachusetts in connection with Oxfam...more

Hydraulic Fracturing: State Regulatory Roundup Vol. 45

Fracking Insider Readers: We are pleased to bring you Volume 45 of our State Regulatory Roundup, including updates in Michigan, Pennsylvania, and Texas. As we explained in earlier volumes, we designed the Roundup to provide...more

BP has settled its Clean Water Act penalty claims, but important questions remain to be decided

The United States and BP lodged their proposed settlement of the remaining claims by the US in connection with the Deepwater Horizon explosion and spill with the US District Court today. Comments to the Justice Department are...more

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