Oil & Gas

News & Analysis as of

Coal: Hope in the Face of Pressure?

The coal industry has experienced substantial economic turmoil over the recent past, including bankruptcies – most recently by Peabody Energy Corporation – but also by Arch Coal, Inc., Walter Energy, Inc., and Patriot Coal...more

2015-16 New York State Budget

On April 13, 2016, Governor Andrew M. Cuomo signed the 2016-17 New York State Budget into law. We summarize the highlights of the revenue provisions below....more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - Draft National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges - All 10 EPA regions are seeking public comment on the draft 2017...more

Court Of Chancery Explains What Is Required To Plead Bad Faith

This is an interesting decision for at least two reasons. First, in it the new Vice Chancellor demonstrates that he is both well-versed in Delaware business entity law and fully capable of carrying out the Court of Chancery’s...more

Alberta’s Metis Consultation Framework

On April 4, 2016, the Government of Alberta (“GoA”) released The Government of Alberta’s Policy on Consultation with Metis Settlements on Land and Natural Resource Management, 2015 (the “Policy”) as well as The Government of...more

Hydraulic Fracturing: State Regulatory Roundup Vol. 46

Fracking Insider Readers: We are pleased to bring you Volume 46 of our State Regulatory Roundup, including updates in Colorado, New York, and Pennsylvania. As we explained in earlier volumes, we designed the Roundup to...more

Long-term supply (and off-take) agreements: some recent themes

This Client Alert seeks to highlight certain recurring issues and themes arising in the context of long-term commodity supply and off-take agreements. It draws upon the recent collective experience of our lawyers as well as...more

FERC Proposes to Pierce the Corporate Veil and Impose $216 Million in Fines in Alleged Natural Gas Market Manipulation Scheme

On April 28, 2016, FERC issued an order directing Total Gas & Power North America, Inc. (Total Gas), two of its traders, its ultimate corporate parent, Total S.A. (Total) and an affiliate Total Gas & Power, LTD (TGPL) to show...more

Louisiana Appellate Court Unanimously Dismisses Cross-Appeals in Legacy Case

Louisiana appellate court unanimously dismisses cross-appeals in legacy case, finding that the trial court improperly designated partial summary judgment rulings as final under Article 1915 of the Louisiana Code of Civil...more

Stanford declines to divest fossil fuels

Should university endowments be invested in fossil fuel companies? Or should they divest such holdings? Universities across the U.S. are considering these questions....more

“Production in Paying Quantities”: Louisiana Appellate Court Decides When and What Should be Considered in Determination

The Louisiana Second Circuit Court of Appeal, in Middleton, et al. v. EP Energy E&P Company, L.P., et al., concluded that, in considering whether mineral leases terminated for failure to produce in paying quantities, a fact...more

EPA Methane Rules Are Coming

“Remember, I can do anything to anybody”, deranged and murderous Roman emperor Caligula to his grandmother (Julia, widow of Tiberius and herself no stranger to things done to other people as and when they pleased)....more

Global Energy Game Changers

The global energy sector is undergoing a dramatic transformation. Advanced technologies, distributed networks and new regulations in nearly every subsector have strangled yesterday's business models. Foundational elements...more

The flight of the operators: Resignation provisions under joint operating agreements

“The Devil is in the details, but so is salvation” - So said Admiral Hyman G Rickover, regarded as the father of the United States’ nuclear powered navy. It is with similar sentiments that both operators and non-operators in...more

Alberta announces new oil and gas royalty calculations

On January 29, 2016, Alberta’s Royalty Review Panel issued its report (the Report) recommending a new modernized oil and gas royalty framework (the New Framework) which will apply to all new wells spud on or after January 1,...more

Pennsylvania Independent Regulatory Review Commission Approves Oil and Gas Rulemaking

The purpose of the rulemaking is to modify and update existing requirements related to surface activities associated with the development of conventional and unconventional oil and gas wells....more

Reserve-based lending in Nigeria

2015 was a relatively active year for financing transactions in Nigeria's oil and gas sector. As well as facilities to fund the development of oil and gas assets, a significant number of facilities were provided to Nigerian...more

Grant of Summary Judgment to Gas Facility Operator Based On “Pay First, Dispute Later” Clause Upheld

There was no error in granting partial summary judgment on more than $5 million dollars in gas facility invoices, the Alberta Court of Appeal held in SemCAMS ULC v Blaze Energy Ltd, 2016 ABCA 113, despite the gas producer’s...more

The Senate Acts to Modernize Energy Policy and Increase U.S. Exports of Liquefied Natural Gas

For the first time in almost a decade, the Senate passed by a vote of 85-12 a bipartisan, broad based energy bill. The Energy Policy Modernization Act of 2016 (S. 2012) focuses on all forms of energy production and policies,...more

California Environmental Law & Policy Update - April 2016 #4

Environmental and Policy Focus - Three Michigan state and local officials face first criminal charges in Flint water crisis - The Guardian - Apr 20 - Three state and local officials involved in Flint’s water...more

Energy Newsletter - April 2016

Managing In-Project Disputes in Major Construction Projects - What do you do when an unforeseen event threatens to increase the costs or time necessary to complete a major construction project? At first, it may seem...more

Activists Using Misinformation to Kill Fracking in Wayne National Forest

A large billboard has been placed by anti-fracking extremists across from the Wayne National Forest (“the Wayne”) headquarters on U.S. Rt. 33 near Nelsonville, Ohio. The billboard declares, “Frack our national forest? No...more

New Offshore Well Control Regulations Unveiled to Mixed Reviews

The U.S. Department of the Interior and the Bureau of Safety and Environmental Enforcement announced final well control regulations for offshore drilling last week. The rules will purportedly make offshore drilling safer and...more

Brussels Regulatory Brief: April

Antitrust and competition - A welcome limitation on the investigatory powers of the Commission when requesting information from companies - On 10 March 2016, the Court of Justice of the European Union (“CJEU”) set aside...more

Well Control Final Rule

The U.S. Department of Interior’s Bureau of Safety and Environmental Enforcement (“BSEE”) has released its final Well Control Rule for off-shore rigs (“Rule”). The Rule is intended to reduce the risk of an offshore blowout,...more

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