News & Analysis as of

Ohio Appeals Court Finds Leases To Be Valid

On September 26, 2014, the Ohio Court of Appeals for the Seventh District issued its opinion rejecting a trial court opinion in a statewide class action that had invalidated thousands of oil and gas leases based on a commonly...more

Drilling at depth – proposed changes to subterranean rights

The government’s consultation on underground drilling access for the extraction of gas, oil and geothermal energy came to an end on 15 August 2014. The consultation sought views on the government’s proposal to introduce new...more

House Subcommittees Hold Joint Hearing On Characteristics Of Bakken Crude Oil

On September 9, 2014, the House Science, Space, and Technology Subcommittees on Energy and Oversight held a joint hearing entitled Bakken Petroleum: The Substance of Energy Independence. The hearing examined the...more

What Remains of Act 13 in Pennsylvania after Robinson? Pennsylvania Commonwealth Court Strikes Further Provisions of Act 13 as...

Earlier this year, we reported in our Client Alert dated January 15, 2014, on the Pennsylvania Supreme Court’s decision in Robinson v. Commonwealth of Pennsylvania, 83 A.3d 901 (Pa. 2013). In Robinson, the Supreme Court...more

Will the Commerce Department’s Approval to Export Condensate Change the World?

The reporting in late June of the Commerce Department’s private rulings that authorized two companies to export condensate has ignited discussions regarding the real prospect of changes in U.S. oil export policy. Industry...more

Environmental Alert: "EPA's Inspector General Says EPA Must Improve Efforts regarding Methane Emissions from Pipelines"

On July 25, 2014, EPA’s Office of Inspector General (OIG) issued “Improvements Needed in EPA Efforts to Address Methane Emissions from Natural Gas Distribution Pipelines.” In this report, OIG cited President Obama’s Climate...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

Exports of Lightly Refined Natural Gas Condensate Approved by Federal Agency

On June 24, 2014, the Bureau of Industry and Security (BIS) of the Department of Commerce issued two advisory opinions (AOs) allowing for the export from the United States of what was reported to be “unrefined” oil. The...more

Congress and Industry Want Resource Extraction Rules Finalized

In 2013 the United States District Court for the District of Columbia vacated the SEC resource extraction disclosure rules that were mandated by Section 1504 of the Dodd-Frank Act. Fifty-eight Democratic lawmakers have...more

Congressional Questions on LNG Exports Could Impact the Jones Act

Last month, Congress began consideration of comprehensive legislation to reauthorize the Coast Guard and other maritime transportation programs. Consideration of such legislation is an annual occurrence and generally moves...more

Trade & Manufacturing Alert - May 2014

In This Issue: - United States And Japan Hit Bumps On The Road To TPP Agreement - Senate Commerce Committee Passes Manufacturing Bill - WTO Panel Finds China's Export Restraints On Rare Earth Minerals Violate Trade...more

Mandatory Reporting Standards For Payments By Extractive Industry Companies

The Government of Canada recently issued a Consultation Paper regarding proposed mandatory reporting standards (the proposed standards) for payments by extractive industry companies to governments, both domestic and foreign,...more

Native Gas And Storage Gas: Who Owns It?

Northern National Gas Company vs. Approximately 9117 Acres in Pratt, Camden and Reno Counties, Kansas shows the relationship between Kansas oil and gas law and the Kansas Underground Storage Act (KSA §55-1201 et seq)....more

Ministerial Might – ICAC Opens the Door for Increased Oversight of NSW Tenement Dealings

The New South Wales (NSW) Government has recently introduced the Mining and Petroleum Legislation Amendment Bill 2014 (NSW) (Bill) in the Legislative Assembly. The Bill proposes to amend the Mining Act 1992 (NSW) (Mining Act)...more

Oral Argument Recap: Ohio Supreme Court Considers Home Rule in Challenge to Zoning Ordinances Restricting Drilling

On Wednesday, the Ohio Supreme Court held oral argument to determine the scope of Ohio’s constitutional guarantee of municipal “home rule.” The case—brought by the city of Munroe Falls, Ohio against Beck Energy Corp. for...more

Mineral Matters - Winter 2014

Introduction - Welcome to the latest edition of Minerals Matters and a slightly belated Happy New Year to you all. No doubt as you read this the holiday season seems a long time ago, but hopefully you had the oppor...more

ONRR Plans Aggressive Enforcement of "Marketable Condition" Rule

New ONRR initiative sets presumptive costs of making gas marketable and will require lessees to affirmatively demonstrate costs that differ from ONRR assumptions. The Department of Interior, Office of Natural...more

Senator Landrieu Ready to Take Chair's Gavel on Powerful Senate Energy Committee: A Positive Outcome for the Oil and Gas Industry

Senator Mary Landrieu (D-LA) has confirmed today that she will take the position as Chair of the Senate Energy and Natural Resources Committee as soon as next week. (See previous post dated December 31, 3013.)...more

Tanzania's Natural Gas Policy

The publication of Tanzania's first Natural Gas Policy (NGP) is seen as a significant moment in Tanzania's ascendance in the global energy industry. The ascendance has been propelled by major gas field discoveries in the last...more

Rumblings From A Louisiana Seismic Agreement

If the significance of a lawsuit can be gauged by the 23 lawyers and 10 firms identified in the opinion, Olympia Minerals, LLC, et al v. HS Resources, Inc., et al., is as noteworthy as Bush v. Gore, Brown v. Board of...more

On The Horizon — Renewable Energy In Asia: Taiwan

1. What are the driving factors for increasing renewable energy production in Taiwan? Taiwan relies on imports for more than 99 percent of its energy, which leaves the island’s energy supply vulnerable to external...more

Ohio Ways and Means Committee Receives Testimony on Horizontal Drilling Tax Proposal

On January 8 and 15, 2014 the Ohio House of Representatives Ways and Means Committee received testimony on House Bill 375 (“HB 375” or the “Bill”). The Bill, previously reported on this blog, would introduce a new tax on...more

Alberta Court Grants Six-Month Injunction Against Lubicon Blockade

On December 16, 2013, the Alberta Court of Queen’s Bench granted a six-month injunction in favour of Penn West Petroleum Ltd., authorizing the RCMP to remove a road blockade erected by individuals associated with Bernard...more

Default Notices and Freehold Leases: Take Two

There may be a sign that last year’s dire consequences for a freehold oil and gas lessee who does not quickly respond to a default notice by commencing legal proceedings may be moderating somewhat, at least in certain...more

Potential Amendments to the Kazakhstan Legal Regime for Exploration and Production of Oil and Gas

New amendments to the legal regime for exploration and production of oil and gas in Kazakhstan have been developed by a government working group. Affecting the Subsoil Use Law, the Code on Administrative Violations and...more

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