News & Analysis as of

FERC Issues Notice of Alleged Natural Gas Market Manipulation

On July 9, 2014, the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Preliminary Notice) stating that FERC’s Office of Enforcement has preliminarily determined, in a non-public...more

Nuisance Verdicts in the Barnett Shale: Two claims arising out of the same natural gas operations yield two very different...

On April 10, 2014, a Fort Worth jury rejected a landowner's nuisance claim against a well operator in Teri Anglim v. Chesapeake Operating Inc., 2011-008256-1. Plaintiff Teri Anglim claimed that Chesapeake's operations at two...more

LNG As A Marine Fuel – The Speed Of Change

“When I was asked if I might speak about the use of LNG as fuel for ships, two thoughts came to mind. Firstly, the old Latin maxim: volenti non fit injuria. Or in my vernacular: “well, you asked for...more

FERC Versus State Authorities: Supreme Court Agrees to Review ONEOK v. Learjet

On July 1, 2014, the U.S. Supreme Court granted a petition to hear an appeal by several companies contending that antitrust claims filed against them under state law over alleged manipulation of gas prices during the western...more

D.C. Circuit Rejects Petitions Challenging Proposed NY-NJ Gas Pipeline

The D.C. Circuit Court of Appeals recently dismissed petitions brought by the City of Jersey City, NJ, and various environmental organizations challenging the Federal Energy Regulatory Commission's ("FERC") order granting a...more

Exports of Lightly Refined Natural Gas Condensate Approved by Federal Agency

On June 24, 2014, the Bureau of Industry and Security (BIS) of the Department of Commerce issued two advisory opinions (AOs) allowing for the export from the United States of what was reported to be “unrefined” oil. The...more

New York and Colorado Confirm Local Governments' Rights to Ban Fracking

On Monday, June 30, the highest courts in both New York and Colorado confirmed local municipalities' rights to regulate land use within their jurisdictions. The New York State Court of Appeals upheld two towns' bans on shale...more

Tanzania Publishes First Draft of a Long-Awaited Local Content Policy

In January we reported that Tanzania is in the process of developing new legislation and regulations for its emerging gas sector. In February this was followed by our report specifically on Tanzania's Natural Gas Policy (NGP)...more

Environmental Law Alert - July 2014: New York Court Strikes Blow Against Fracking

This week the New York State Court of Appeals upheld the right of municipalities to ban hydraulic fracturing for natural gas within their borders. In Norce Energy Corp. USA v. Town of Dryden and Cooperstown Holstein...more

New York’s Highest Court Affirms Zoning Ordinances Banning Hydrofracking

The Insurance Law Blog has been following decisions related to hydraulic fracturing for potential impacts on insurance coverage issues. As we previously reported in May 2013, the New York Supreme Court, Appellate Division,...more

Are Oil and Gas Producers Protecting the Environment?

In their search for Utopia, some opponents of oil and gas drilling ignore innovation … What’s harmful now will forever be that way....more

Observations of the Sixth Annual Developing Unconventional Gas Conference

I had the great learning experience of attending The Sixth Annual Developing Unconventional Gas Conference, known as DUG East, earlier this month. The conference is based around the sharing of ideas, performance updates, and...more

D.C. Circuit Rules that FERC May Not Segment Its Evaluation of the Environmental Impact of Related Natural Gas Pipeline...

The D.C. Circuit Court of Appeals recently issued an opinion holding that the Federal Energy Regulatory Commission (FERC) violated the National Environmental Policy Act (NEPA) when it segmented its evaluation of the...more

The Shale Play Today - June 2014

In This Issue: - Observations of the Sixth Annual DUG Conference - Mergers, Midstream, and the Marcellus and Utica Shales - Sunoco's Natural Gas Liquids Pipeline Delayed? - How Local Drilling Regulations May...more

D.C. Circuit Ruling Has Potential Implications for Natural Gas Pipeline and LNG Projects Under FERC Environmental Review

A recent decision by the U.S. Court of Appeals for the District of Columbia Circuit rejected certain portions of an environmental analysis conducted by the Federal Energy Regulatory Commission (FERC or "Commission"). This...more

More Pipeline Development Projects: What America Needs

National Environmental Policy Act (“NEPA”) challenges to pipeline projects and other natural gas infrastructure have become a commonplace tool in recent years for environmental groups seeking to defeat or delay midstream...more

California Issues Proposed Fracking Rules

On June 13, the California Department of Conservation released proposed regulations for oil and gas production activities in the state. The draft rules are being issued pursuant to legislation passed last year. They would...more

Climate Change Mitigation: The New Energy Policy

The Administration's Clean Power Plan (the "Plan"), released on June 2 and published on June 18, confirms that climate change mitigation goals are now a key driver of both environmental and energy policy. By imposing total...more

ML Strategies’ Energy & Environment Update: June 2014 #2

With most of the energy sector’s attention focused this month on what the Environmental Protection Agency is doing with its proposed 111(d) rule regulating carbon emissions, less was said about what the agency did not do:...more

Congress and Industry Want Resource Extraction Rules Finalized

In 2013 the United States District Court for the District of Columbia vacated the SEC resource extraction disclosure rules that were mandated by Section 1504 of the Dodd-Frank Act. Fifty-eight Democratic lawmakers have...more

DOE Proposes to Alter Its Review Process for LNG Export Applications

The United States Department of Energy (DOE) recently announced that it proposes to revamp the order in which it will process applications to export liquefied natural gas (LNG). The DOE also stated that it will conduct a...more

Underground Drilling: Consultation on Proposal for Underground Access for the Extraction of Gas, Oil or Geothermal Energy

The UK government are currently inviting responses to the consultation paper issued in May into their proposals to introduce a statutory right of access to underground land (at a depth of 300 metres or below) in England in...more

U.S. 2013 Natural Gas Net Imports Lowest Since 1989 With Gas Production Setting a New Record

The U.S. Energy Information Administration recently reported that U.S. natural gas net imports in 2013 were down 14% to 1,311 billion cubic feet (Bcf), which is the lowest since 1989....more

Hydraulic Fracturing Continues to Produce More Legislation and Oversight

As U.S. oil and gas production has dramatically increased due to the more frequent use of hydraulic fracturing and horizontal drilling to release tight oil and gas, new state legislation and rules around oil and gas drilling...more

D.C. Circuit Court Requires FERC To Consolidate its NEPA Review of Nominally Separate Interstate Gas Pipeline Projects

On June 6, 2014, the D.C. Circuit Court of Appeals issued an opinion holding that the Federal Energy Regulatory Commission acted improperly in separately analyzing the environmental impacts of several nominally separate...more

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