Oil & Gas

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Antitrust & Competition Newsletter - April 2015

U.S. Supreme Court Holds That State Action Immunity Does Not Apply to State Boards If the Board Is Controlled by Active Market Participants - On Feb. 25, 2015, the U.S. Supreme Court held, in a 6-3 decision, that a state...more

DOT Issues Final Rule for High-Hazard Flammable Trains

On May 1, 2015, U.S. Transportation Secretary Anthony Foxx announced the Department of Transportation’s (DOT) long awaited (and already highly controversial) final rule strengthening standards for trains carrying flammable...more

NERC's Polite Review of the Clean Power Plan: A "Challenge"

When the draft of EPA's Clean Power Plan was promulgated in the Federal Register last June, one of the critical questions raised by those in the electricity space was: what about reliability? If you shut down all those coal...more

Oil on the Rails: States Increasing Regulation of Oil Trains

The increase in North American petroleum production in recent years, coupled with inadequate pipeline infrastructure, has resulted in a significant rise of, and reliance on, the transport of crude oil by rail. Public...more

Water Board Issues Proposed Draft Model Criteria for Groundwater Monitoring

On April 29, 2015, the State Water Resources Control Board (“Water Board”) issued a Notice of Opportunity for Public Comment and Notice of Public Workshop regarding the proposed Draft Model Criteria for Groundwater Monitoring...more

FERC Policy Statement Regarding Pipeline Recovery of System Modernization Costs

On April 16, 2015, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Policy Statement on Cost Recovery Mechanisms for Modernization of Natural Gas Facilities (the “Policy­­­.Statement”), opening...more

Keystone XL’s Opponents Won’t Derail Canadian Oil Trains to the Gulf Coast

The U.S. Gulf Coast—with its 1.4 million barrels per day of coker[*] refining capacity geared to maximize output of high-value lighter products from lower-cost, heavy, high-sulfur crude oil feedstocks—is an ideal market for...more

Your Texas Legislature at Work, Part 2

The Texas legislature is still busy on energy issues. Is that good or bad? It depends on your situation; oil patch thieves won’t like it. Wind Energy - Senate Bill 931 would blow away the Renewable Portfolio...more

D.C. Circuit Upholds FERC Approval of Maryland Natural Gas Facility

On April 24, the D.C. Circuit issued its opinion in Myersville Citizens for a Rural Community v. FERC, upholding the Federal Energy Regulatory Commission’s (“FERC” or the “Commission”) approval of Dominion Transmission’s...more

Mixology 101: Blending Trade Secret Protections and Fracking Chemical Reporting

Whether you live in the East, the Great Plains, the Southwest, or the Rocky Mountain West, the oil and gas industry’s use of hydraulic fracturing or “fracking” in oil and gas development is something you have likely heard a...more

"Managing Related-Party Transactions With Yieldco and MLP Vehicles After El Paso Pipeline"

Sponsors generally form a yieldco or a master limited partnership (MLP) because the structure of these permanent capital vehicles allows for the issuance of equity to investors at a lower cost of capital, providing a...more

Energy Bulletin (US)

Transportation Department acts on safety issues regarding crude and ethanol shipped by rail. The US Department of Transportation on April 17 issued regulatory changes it believes will address “some of the issues...more

Justices Spar Over Pre-Emption as High Court Allows State Law Antitrust Claims to Proceed Against Interstate Pipelines

On April 21, 2015, in a 7-2 decision authored by Justice Breyer, the U.S. Supreme Court ruled that state law antitrust claims brought against interstate pipeline companies by a group of manufacturers and other retail buyers...more

SC Public Policy Update - April 2015 #2

HOUSE - The House of Representatives spent the last two weeks working in committees and trying to get bills passed out of the House prior to the May 1st cross-over deadline. For a bill to be considered during this...more

Supreme Court Rejects Pre-Emption Claim in State Antitrust Action

On April 21, 2015, the Supreme Court issued a divided opinion declining to find federal pre-emption by the Natural Gas Act (NGA) of certain state antitrust claims. In Oneok, Inc. v. Learjet, Inc., a group of manufacturers,...more

Justices Spar Over Pre-Emption as High Court Allows State Law Antitrust Claims to Proceed Against Interstate Pipelines

The recent 7-2 U.S. Supreme Court decision in Oneok, Inc. et al. v. Learjet, Inc. et al. ruled that state law antitrust claims brought against interstate pipeline companies by a group of manufacturers and other retail buyers...more

It’s All About the Process: Lessons from Delaware Court on MLP’s Conflicts Committee Approval

On April 20, 2015, the Delaware Court of Chancery issued a post-trial opinion in the case In Re: El Paso Pipeline Partners L.P. (C.A. No. 7141-VCL), finding El Paso Pipeline GP Company LLC, the general partner (GP) of El Paso...more

How safe are crude oil trains?

The North American oil boom has generated jobs, revenue and savings for consumers. As many people in Illinois know, it has also resulted in more oil-bearing train traffic....more

Business Viewpoint: The fracking truth may be a different truth

Whether scorned by those who view it as an environmental threat, or touted as the savior of the domestic energy industry, fracking is in the news. But, can you believe all you read? Is it true that fracking has resulted in...more

Obama Administration Releases First Installment of the Quadrennial Energy Review

The Obama Administration released the first installment of its Quadrennial Energy Review (“QER”), which focuses on energy transmission, storage, and distribution (“TS&D”). The QER was first launched in Obama’s Climate Action...more

PHMSA Targeting Pipeline Construction - Enforcement Focus on 60-Day Notification Requirement

The Pipeline and Hazardous Materials Safety Administration has stepped up enforcement efforts concerning pipeline and LNG terminal construction. Construction-related inspections have resulted in a number of recent enforcement...more

Lone Pine Loss: Supreme Court of Colorado Says State Rules Don’t Allow Use of Lone Pine Orders in Natural Gas Drilling Case

Earlier this week, the Supreme Court of Colorado issued its long-awaited decision in Antero Resources Corp. v. Strudley and held that the Colorado Rules of Civil Procedure do not allow a trial court to issue a modified case...more

ONEOK, Inc. v. Learjet, Inc.: The Supreme Court Holds that Natural Gas Jurisdictional Sellers are Subject to State Antitrust...

On April 21, 2015, the Supreme Court issued its much-anticipated decision in ONEOK Inc. v. Learjet, Inc. addressing the extent to which the Natural Gas Act (“NGA”) preempts state antitrust claims brought against...more

Week in Review – Taxes, Transportation, and Goat Trails - April 24, 2015 #4

Taxes - The House Republican Omnibus Tax bill (HF848) was released on Monday. The $2 billion tax cut package includes $538 million to pay for a one-time income tax exemption and $450 million to begin phasing-out the...more

Environment Agency changes regulatory approach to existing onshore oil and gas facilities

Earlier this month, the Environment Agency (EA) published a new regulatory position statement on the environmental permitting of existing onshore oil and gas facilities (including shale gas facilities)....more

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