News & Analysis as of

Post Election Update 2014

The 2014 Midterm Elections have taken place and Republicans performed extremely well in all categories – winning key gubernatorial and congressional races – in what many are viewing as a "wave election." In the...more

The Well Operator Should Have Listened To My Mother

My mother used to give us good advice. For example: Don’t lie … do your homework. Sabella v. Appalachian Development Corporation agrees with my mother. Sabella bought minerals in 1997 under 66 acres in Warren...more

First AIPN Model Contract for Unconventional Resource Operations

Concluding two years of work by a drafting committee comprised of more than 160 industry representatives from 26 countries spread across five continents, the Association of International Petroleum Negotiators (AIPN) on 25...more

Paris Energy Series No. 7: Take-or-Pay Conditions in Gas Supply Agreements

Take-or-pay provisions are now fairly common in long-term offtake and supply agreements in the energy sector, a notable example being gas supply agreements. In essence, take-or-pay provisions provide that a buyer must...more

EPA’s Clean Power Plan: Potentially New and Improved?

On Tuesday, EPA issued a Notice of Data Availability, requesting further comment on some specific issues that have been raised since it published its draft Clean Power Plan in June. My immediate reaction? My head hurts....more

Constitution Pipeline Environmental Impact Statement

A 124-mile natural gas transmission pipeline proposed from Pennsylvania to New York has received its final environmental impact statement from federal regulators, finding that while the project would cause some adverse...more

Uncertainty Prevails as Illinois Delays a Decision on Fracing Regulations

Last week, Illinois’s Joint Committee on Administrative Rules voted to push back its decision about whether to approve proposed rules governing horizontal fracturing operations until November 6. The delay promises to fuel...more

California Environmental Law and Policy Update - October 2014 #3

Environmental and Policy Focus - Environmental groups fight Southern California tar sands oil project: Courthouse News Service - Oct 13: Kern County illegally approved expansion of a local refinery that will let it...more

Legal and Political Controversy Over Proposed Atlantic Coast Pipeline

The 550-mile Atlantic Coast Pipeline that is projected to run through the heart of Central Virginia has generated much political controversy and is now the subject of a new federal lawsuit. ...more

Joint Committee’s Report on Energy Tax Incentives Misses the Mark on Green Jobs

The Joint Committee on Taxation (JCT) on September 16 published a report analyzing federal energy tax incentives. The report is available below. The report is generally insightful; however, it has a misguided job-creation...more

Easements: Roads Traveled, Less Traveled, and Not Traveled

Why would anyone buy property without access to a public road? Because it seemed like a good idea at the time, I guess. And often it is, until things change, “things” often being new and unfriendly ownership of the...more

Exporting compressed natural gas from the US

In a divided opinion, the Federal Energy Regulatory Commission has found that it does not have jurisdiction over facilities proposed by Emera CNG, LLC to compress natural gas for export to the Bahamas by ship....more

Greece Initiates Offshore Oil and Gas Tender Process

Greece has initiated its tender process for offshore oil and gas (hydrocarbons) exploration as of August 26, 2014. The Greek Ministry of Environment, Energy and Climate Change is seeking bid applications for its offshore oil...more

Energy Newsletter - October 2014

In This Issue: - Mexico's New E&P Contracts - Electricity Reform in Mexico: New Opportunities and Roles - New Licence Terms Promoting Unconventional Exploration and Production are Introduced for the UK's 14th...more

Energy & Environment Update - September 2014 #2

In This Issue: - Energy and Environmental Debate - Congress - Administration - Department of Energy - Environmental Protection Agency - Federal Energy Regulatory Commission -...more

Mexico’s Energy Reform Provides Significant Opportunities in Oil and Gas Exploration and Production

Mexico’s new energy legislation, which went into effect on August 12, 2014, will completely restructure the Mexican energy sector, including both hydrocarbons and electricity. This legislation opens up oil and gas exploration...more

The Shale Play Today - August 2014

In This Issue: - A Look Ahead - What's Next for 2014: With 125 days left in 2014, we find ourselves looking at What's Next for the oil & gas industry in the Marcellus and Utica Shale Plays. It has been an...more

Energy & Environment Update - August 2014 #3

In This Issue: - Extenders Déjà Vu: Fate of Expired Clean Energy Tax Provisions Closely Tied to Election - Congress - Administration - Department of Commerce - Department of Energy -...more

Fracking Hearings Set to Begin in North Carolina

This Wednesday in Raleigh will see the first of four upcoming public hearings in North Carolina over the state’s proposed fracking rules. The hearings are part of the final phase of rule making, coming after two years of...more

Mining, Oil and Gas Exploration and Exploitation Activities in France: Applicable Law and Planned Reform

Background of the Reform - In late 2012, the French Prime Minister established a committee for drafting a reform of the French Mining Code, which governs mining, oil and gas exploration and exploitation activities. The...more

Trade & Manufacturing - August 2014

In This Issue: - High Level Of U.S. Oil Production Leads To Increased Focus On Exports - Oil Country Tubular Goods Orders Are Much More Likely As Domestic Industry Gains From The Department of Commerce’s Final...more

African Growth and Opportunity Act, Electrify Africa Act and Power Africa Program to Take Center Stage at U.S.-Africa Leaders...

From August 4-6, President Obama will host approximately 45 leaders from across the African continent in Washington, D.C., for a three-day U.S.-Africa Leaders Summit (the “Summit”). This is the first such event of its kind...more

Greater Energy Efficiency Could Be An Unlikely Outcome of the Ukrainian Crisis

“Fuel switching”—changing power plants over to natural gas from coal—is one of the compliance paths for achieving the carbon emission reductions in the EPA’s proposed existing power plant carbon emissions reduction rule. ...more

Options for Obtaining Regulatory Guidance and/or Approval Related to the Export of Crude Oil and Petroleum Products

As previously reported on Speaking Energy (available here), the U.S. Department of Commerce, Bureau of Industry and Security (BIS) has recently indicated that it is willing to work with U.S. energy companies to navigate...more

DOGGR Well Stimulation Regulations Implementation Extended to July 1, 2015

On Friday, June 20, 2014, Governor Jerry Brown signed a public resources “trailer bill:” Senate Bill 681 (“SB 681”). Section 5 of the Bill extends the implementation deadline for the Department of Conservation’s Division of...more

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