Oil & Gas

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Carbon Tax Repeal Places Spotlight on Price Reductions

After months of delay, the Australian Government has passed legislation to repeal Australia's carbon tax and introduce new sanctions against energy and gas refrigerant entities that do not pass on cost savings arising from...more

New York Court of Appeals Upholds Local Fracking Bans

The New York Court of Appeals, in a 5-2 decision, held that the New York State Oil, Gas and Solution Mining Law (“OGSML”) does not preempt municipal zoning authority. The Court explained that land use regulation is among the...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

FLSA "Per Diem" Claims On The Rise

A recent U.S. Labor Department press release highlights a growing area of scrutiny under the federal Fair Labor Standards Act: Paying "per diem" amounts to non-exempt employees....more

Summary of FERC Meeting Agenda - July 2014

In This Issue: - Administrative Items - Electric Items - Gas Items - Hydro Items - Certificate Items - Excerpt from Administrative Items: A-1: Docket No. AD02-1-000 - This...more

Focus on Regulatory Law - July 2014

In This Issue: - Regulation Authorities ..French Competition Authority ..Securities and Market Authority ..Audiovisual Council ..Authority for the Regulation of Electronic Communications -...more

Ohio Natural Gas Production Reaches Historic Levels

Natural gas production in Ohio nearly doubled last year largely because of a surge in hydraulic fracturing operations in the state. Speaking at a conference earlier this month about oil and gas development in the state, the...more

“2 Sign or Not 2 Sign:” Which Statute of Frauds Governs Oil & Gas Leases?

In a recent decision, the Pennsylvania Superior Court resolved an open question of state law regarding which one of two alternative statutes of frauds apply to oil and gas leases, in the process making clear that for an oil...more

Lost Opportunity On US LNG Exports

IN A MOVE THAT COULD SIGNIFICANTLY SHAKE UP THE GLOBAL LNG MARKET, THE US DEPARTMENT OF ENERGY RECENTLY ANNOUNCED SEVERAL DEVELOPMENTS REGARDING NATURAL GAS EXPORTS, INCLUDING A PROPOSED RULE CHANGE FOR REVIEWING APPLICATIONS...more

SEC Settles Civil FCPA Action Against Two Former Oil Services Executives

On the eve of a trial which was scheduled to begin this week, the Securities and Exchange Commission settled a civil Foreign Corrupt Practices Act (FCPA) case it brought against two former oil services executives. The case...more

End Of The Iran Sanctions? Not So Fast…

After the Joint Plan of Action (JPOA) was signed last November by Iran and the P5+1 nations, many U.S. companies asked whether they could reestablish business relationships with Iran. That was a fair question, but...more

North Dakota Orders Limits on Gas Flaring

On July 1, 2014 the North Dakota Industrial Commission (NDIC) imposed new rules that will significantly limit the flaring of natural gas at all existing and future wells. Order 24665 will allow wells completed in the...more

Texas Railroad Commission Chairman Calls Proposed Denton Fracking Ban ‘Extremely Misguided’; Asks City Council to Reject Measure

On July 11th, Texas Railroad Commission Chairman Barry Smitherman sent a letter to the mayor and city council members for Denton, Texas asking that the council reject a proposal to ban hydraulic fracturing in Denton. Chairman...more

The Non-Binding Agreement – Louisiana Edition

No. In 2008 as the Haynesville Shale was being developed at breakneck speed, companies rushed to lease and landowners banded together in groups in order to obtain the best terms. Landowner Mr. Walsworth joined the “Go...more

North Carolina Legislators Look to Criminalize Disclosure of Fracking Fluids

As many states and the federal government look towards calling for greater disclosure and regulation of the chemicals used in hydraulic fracturing, state senators in North Carolina appear to be pushing against the tide in...more

Environmental and Energy: Hydraulic Fracturing: Courts and Localities Act Where New York State Fears To Tread (7/14)

In an opinion issued on June 24, 2014, the New York Court of Appeals upheld the zoning laws adopted by the Towns of Dryden and Middlefield to ban oil and gas production activities, including hydraulic fracturing, within their...more

Water Issues Reframe State Fracking Debate

The debate over fracking continues nationwide, but in California there is an increasing focus on one major issue: water supply. With the state facing one of the most severe droughts on record and water regulators tightening...more

The American Petroleum Institute Pens “Good Neighbor” Standards for Fracking

In a press release Wednesday, the American Petroleum Institute (“API”) published a first-of-its-kind industry standard for community engagement in shale-rich areas where oil and gas can be extracted using horizontal drilling...more

Colorado Supreme Court Clears Ballot Initiative Aimed at Bolstering Local Control of Oil and Gas Drilling

On June 30, the Colorado Supreme Court issued its opinion In the Matter of the Title, Ballot Title, and Submission Clause for 2013–2014 #89[1] (Initiative 89). In affirming the finding of the state’s Ballot Title Setting...more

U.S. Surpasses Russia and Saudi Arabia as World’s Leading Producer of Oil

With an output exceeding 11 million barrels per day in the first quarter of 2014, the United States has surpassed Saudi Arabia and Russia to become the largest producer of crude oil and liquids separated from natural gas in...more

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

Oil and Gas Industry Forms Information Sharing Group to Combat Cyber Threats

In response to the growing threat from cyber-attacks, the oil and gas industry has announced the formation of an information sharing clearinghouse. The new group, known as the Oil and Natural Gas Information Sharing and...more

Business Litigation Report -- June 2014

In This Issue: - Main Article: ..Tronox Inc. v. Anadarko Petroleum Corp. (In re Tronox Inc.) – Bankruptcy Court Takes Unusual Steps to Declare Corporate Restructuring a Fraudulent Transfer - Noted With...more

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