Oil & Gas

News & Analysis as of

“Ponzi Scheme” Recital Not Enough

Disgruntled investors suing oil and gas companies for fraud must allege facts to support a Ponzi scheme in order to obtain the “Ponzi scheme presumption.” This “Ponzi scheme presumption,” if adequately pleaded in the first...more

EPA to the Oil and Gas Industry: The Request Is in the Mail

It looks like the Environmental Protection Agency (EPA) will have its own scary treat for the oil and gas industry this Halloween—an information request under Section 114 of the Clean Air Act designed to help EPA regulate...more

The FAA’s New Drone Regulations

The use of small unmanned aircraft systems (sUAS or, colloquially, drones) is becoming more prolific. In the oil and gas context, drones can play a key role in conducting risky oilfield operations. The uses for drones in the...more

Iran Issues Pre-qualification for Upstream Tenders

Iran is said to be targeting an increase in oil production from 3.85 to 4 million barrels per day by the end of 2016. Iran is also hoping to start export of a new heavy oil, called West Karun, and which is expected to compete...more

Eighth Circuit Holds Nonoperating Working Interest Owner and Engineering Contractor Not Liable For Negligence of On-Site ‘Company...

On Aug. 5, 2016, the United States Court of Appeals for the Eighth Circuit affirmed summary judgment in favor of a nonoperating working interest owner, Oasis, and its engineering subcontractor, RPM Consulting, holding that...more

NYC Passes Legislation Increasing Allowed Biodiesel In Heating Oil Blend

On September 28, 2016, the City of New York passed a bill, 47 to three, increasing the amount of biodiesel in the city’s heating oil. Heating oil in New York City currently contains two percent biodiesel, which will increase...more

Dutch Collective Actions vs. Collective Settlements

As U.S. law has become less willing to entertain certain types of lawsuits on behalf of worldwide classes of plaintiffs, litigants have looked for other forums that might allow the prosecution – or at least the resolution –...more

Louisiana State Mechanics’ Lien Law Trumps Parties’ Contract Terms

With U.S. oil and gas prices dipping low over the past year and a half, a large number of companies have declared bankruptcy. In the next year and a half, it is forecasted that more companies who are limping along, may seek...more

News from Second and State

Weekly Wrap: - All’s been quiet on the capitol front since our last writing; neither chamber was in Harrisburg for voting session over the last two weeks. That’s not to say we’re without a few tidbits of...more

Texas Tax Ruling Favors Frac Trailer Owners

If you were able to keep your frac trailers from the clutches of your avaricious creditors during the past several unpleasant years, you could be in luck. Owners and lessors of frac trailers may be entitled to a refund for...more

Xcel Wins Approval to Transform Minnesota Generation Fleet

On October 13, 2016, the Minnesota Public Utilities Commission approved Xcel Energy’s dramatic proposal to shift away from coal generation toward renewable energy. In authorizing the company’s 2016-2030 Integrated Resource...more

Quarterly Investment Update - 3rd. Quarter 2016

Investor confidence rebounded in the third quarter immediately following Brexit, driving the S&P 500 to new highs. Comments by the Fed in early September stirred up some volatility and share prices slipped backwards. Not...more

Orrick's Financial Industry Week In Review

Financial Industry Developments - The CFPB Publishes Final Rule for Prepaid Accounts - On October 5, 2016, the Consumer Financial Protection Bureau (the "CFPB") finalized comprehensive consumer protections for...more

South African Department of Energy issues LNG-to-Power Independent Power Producer Procurement Programme Information Memorandum –...

The South African Department of Energy has issued an Information Memorandum in connection with the previously announced LNG-to-Power Independent Power Producer Procurement Programme. On 4 October 2016, the South African...more

Unconventional Natural Gas Operators – What You Need to Know about New Deadlines and Reporting Requirements under Pennsylvania’s...

Final environmental regulations for unconventional natural gas wells (Chapter 78a Regulations) were published in the Pennsylvania Bulletin (Bulletin) and immediately enforceable on October 8, 2016. The Chapter 78a Regulations...more

Standing Rock Sioux Tribe’s Administrative Injunction Freezing Work on Dakota Access Oil Pipeline Dissolved

A few weeks ago, we noted that the U.S. District Court for the District of Columbia, in a decision reported on September 9, 2016, denied a motion for a preliminary injunction filed by the Standing Rock Sioux Reservation...more

UK Shale: Full Steam Ahead for Fracking?

On 6 October 2016, the UK's Secretary of State for Communities and Local Government, Sajid Javid, overruled local councillors on appeal and approved Cuadrilla's plans to explore for shale gas in Lancashire. Cuadrilla has been...more

PHMSA Implements New Emergency Safety Authority Effective Immediately

On October 3, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced an Interim Final Rule (IFR) establishing when and how it will issue Emergency Orders to address imminent safety hazards across...more

Montana Court Enforces Oil and Gas Exploration Exclusion

In its recent decision in Palmer v. Northland Cas. Co., 2016 U.S. Dist. LEXIS 138556 (D. Mont. Oct. 5, 2016), the United States District Court for the District of Montana had occasion to consider the application of an oil and...more

An Update on Pennsylvania's Oil and Gas Law - Act 13 - After Supreme Court Decisions

While many key provisions of Act 13 have now been struck down by the Supreme Court’s two Robinson decisions, much of the Act remains. Act 13 of 2012 represented a major overhaul of Pennsylvania’s oil and gas law and...more

Pipeline Safety: PHMSA Releases New Rule on Emergency Authority

On Monday, October 3, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) released an interim final rule (IFR) establishing procedures to implement new imminent hazard authority created by the PIPES Act...more

PHMSA Implements Authority to Issue Emergency Orders

Interim Final Rule allows the Pipeline and Hazardous Materials Safety Administration (PHMSA) to respond immediately to unsafe conditions or practices that pose an imminent hazard to public health and safety or to the...more

ManattJones Global Strategies - October 2016

CEO’s Executive Summary: The economy dominated the news in September. The President presented an austere 2017 federal budget that concentrates 42% of its cuts on Pemex, forcing the firm to further deepen spending cuts. The...more

Louisiana State and Federal Courts Split Over Parties Entitled to Reports Under La. R.S. 30:103.1

La. R.S. 30:103.1 requires operators or producers of oil and gas units created by the Louisiana Commissioner of Conservation to provide reports containing information related to well costs and production to owners of...more

Methane Emissions Standards Take Effect

Effective this past August 3, the EPA has new regulations for methane and volatile organic compound emissions from oil and gas operations  As you know, reducing methane emissions is a key component of the President‘s climate...more

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