In Texas, lost profits can’t be recovered as damages unless proven to a “reasonable certainty”.
Question 1: What does that mean?
Question 2: Does it matter if the deal is in Bulgaria?
Let’s get rid of the...more
Texas law is well-settled that lost profits can be recovered only when the amount can be proven with "reasonable certainty." A recent Texas Supreme Court case has made clear that this requirement cannot be circumvented by...more
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
Not only has a new interstate pollution and allowance trading regime kicked in (effective Jan. 1), but the agency has announced that it will publish final carbon standards this summer for new and existing power plants and...more
In recent years, the proliferation of oil and gas production, transmission, and distribution activities in the United States has led to a number of regulatory initiatives by state and federal agencies designed to manage new...more
On January 14, 2015, the Obama Administration announced the goal of cutting methane emissions by 40–45% from 2012 levels by 2025. The goal would be achieved via a host of proposed and anticipated regulations directed at the...more
Last week the Bulletin of the Atomic Scientists (BAS) moved the minute hand on the Doomsday Clock two minutes closer to midnight. Advancement of the clock hand symbolizes experts’ concerns on the threat of global catastrophe....more
In This Issue:
- Enforcing a "Fair Day's Pay" - What Can You Do in the Face of This Initiative?
- Pennsylvania Finds Naturally Occurring Radiation from Gas Drilling Poses Little Threat
- Washington County...more
On January 14, the Obama administration announced plans to reduce methane emissions from new and modified oil and gas operations as part of the president’s strategy to address climate change. The plan does not, however,...more
The U.S. government recently announced plans for a number of regulatory initiatives in 2015 that will affect the oil and gas industry. Planned Federal Regulations Target the Oil and Gas Industry Twice per year, the U.S....more
This morning, the U.S. Environmental Protection Agency announced its anticipated strategy to reduce U.S. emissions of methane from the oil and gas industry. The Agency aims to achieve a 40 to 45 percent cut from 2012 levels...more
Today, the Environmental Protection Agency (“EPA”) announced a new goal to cut methane emissions from the oil and gas industry. The EPA’s goal is to reduce methane emissions from the oil and gas sector by 40-45% from 2012...more
The U.S. Environmental Protection Agency (EPA) is expected to announce between now and December 31, 2014 its plan for pursuing methane reductions from the oil and gas sector – including whether it will propose new emission...more
As oil and gas production continues to increase domestically, the possibility for class action exposure is an increasing concern. The United States Court of Appeals for the Fourth Circuit recently issued its decision in EQT...more
Plaintiffs, alleged owners of an interest in coalbed methane gas (“CBM”), brought five related putative class actions against defendants, CBM producers, for alleged failure to pay royalties and for a declaration that owners...more
ENERGY AND CLIMATE DEBATE -
With Congress preparing to return to Washington, efforts are underway to fill the two-week session with negotiations on a continuing resolution and votes on several pre-election issue...more
On August 21, 2014, the Texas Supreme Court agreed to hear oral arguments in an ongoing dispute between a homeowner and Texas-based oil driller Range Resources Corp. The case is not a typical homeowner vs. oil driller...more
In March 2014, the Obama administration released a 15-page interagency guidance document that laid out preliminary steps for reducing methane emissions. That document asserts that agricultural operations are the top methane...more
As part of President Obama’s Climate Action Plan, the EPA is proposing to require certain landfills to capture extra landfill gas in order to decrease methane emissions. Methane is a strong greenhouse gas, its global...more
On March 28, 2014, the White House released its Climate Action Plan Strategy to Reduce Methane Emissions. The oil and natural gas sectors are clearly in the cross-hairs for reductions. The report indicates the oil and natural...more
President Obama recently released a Strategy to Reduce Methane Emissions (Strategy) that sets forth a multi-pronged plan for reducing methane emissions both domestically and globally. Domestically, the plan is to focus on...more
In several recent studies on methane emissions relating to the natural gas industry, scientists concluded that the U.S. Environmental Protection Agency (EPA) underestimated the quantity of methane the industry releases to the...more
Oil wells also produce natural gas. When there is no way to get the natural gas to market it is usually “flared." ...more
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