News & Analysis as of

Regulation – a help or a hindrance to the UK shale industry?

DESPITE significant public opposition in the UK to hydraulic fracturing (fracking) and shale gas development, there has been a upswing of activity and announcements in the first half of 2014. In May, the British...more

Reality Check on the Auditor General’s Report on DEP’s Oversight of Oil and Gas Operations

The expected chorus of politically driven indignation is raining down in response to the Auditor General’s report released this Tuesday on the DEP’s performance in monitoring potential impacts to water quality from shale gas...more

Benesch Shale Industry Report Quarterly Summary - Q2 2014

In This Report: - Top Issues and Considerations - Shale Industry Moves - Ohio Shale Infrastructure - Government - Excerpt from Shale Industry Moves: E&P – Overview for Ohio: • As...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

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

New York and Colorado Confirm Local Governments' Rights to Ban Fracking

On Monday, June 30, the highest courts in both New York and Colorado confirmed local municipalities' rights to regulate land use within their jurisdictions. The New York State Court of Appeals upheld two towns' bans on shale...more

New York High Court Affirms Local Fracking Bans

On Monday, New York’s highest court—the New York Court of Appeals—upheld local bans on shale gas drilling designed to eliminate hydraulic fracturing. The 5-2 decision clears the way for drilling opponents to target fracking...more

Underground Drilling: Consultation on Proposal for Underground Access for the Extraction of Gas, Oil or Geothermal Energy

The UK government are currently inviting responses to the consultation paper issued in May into their proposals to introduce a statutory right of access to underground land (at a depth of 300 metres or below) in England in...more

Mainebiz Real Estate Insider – Romancing the Stone: Will Shale Gas Extraction Sneak Under Maine’s Feet?

From 2001 to 2011, over a million leases were signed by American landowners that permit energy companies to drill for oil and natural gas on private lands. These leases burden land in states determined to have economically...more

North Carolina Set to Open Doors to Shale Gas Production

North Carolina has just taken significant steps forward toward potential development of the state’s shale gas resources. The Energy Modernization Act (also known as Senate Bill 786; the “Act”), ratified by the legislature and...more

Industry Group Study Says Bakken Crude Poses No Different Risks Than Other Crude Shipped By Rail

As rail shipments of crude oil moving out of North Dakota’s Bakken formation have risen in recent years, so have derailments of trains carrying crude oil throughout the United States and Canada. One facet of the debate over...more

Yet Another Proposed Moratorium on Hydraulic Fracturing Fails: SB 1132 (Oil and gas: well stimulation treatments)

Yesterday, Senate Bill 1132 failed in the Senate. In a 18-16 vote, SB 1132 fell three votes short of the necessary majority. The bill was introduced by Senators Holly Mitchell (D-Los Angeles) and Mark Leno on February 20,...more

Anti-Fracking Bill Defeated in California Senate

Yesterday, the California State Senate rejected a bill that would have put a moratorium on fracking until a state-commissioned study determined that it was safe. The bill, Senate Bill 1132, would have prohibited all “well...more

New Regulation for Exploration and Production of Hydrocarbons in Poland

On May 7, 2014, the Polish Parliament debated the next version of the bill to amend the Act on Mining and Geological Law of April 23, 2014 (the “Bill”). The Bill introduces new approaches with respect to the...more

6 Oilfield Services Trends In Unconventional Resources

North American drilling and production activity is increasing service and technology demands and leading to shifts in capital markets and M&A transactions. North America continues to be one of the largest oil and gas...more

Ohio House Passes Severance Tax on Drilling

A long-debated severance tax on hydraulic fracturing operations within the state passed the Ohio House of Representatives on Wednesday, setting the stage for a Senate vote on the issue later this year. House Bill 375, which...more

Five Things Marcellus Shale Producers and Midstream Companies Should Consider Following the Robinson Township Act 13 Decision

While Robinson Township v. Commonwealth of Pennsylvania is being reconsidered on remand and certain aspects of Act 13 remain unclear, oil and gas companies in the process of obtaining state permits may take some steps to try...more

The Shale Play Today - May 2014

In This Issue: - Climate Action Plan Breathes New Life into Oil & Gas Air Regulations - Major Natural Gas Power Plant Announcement Indicates Different Uses for Marcellus & Utica Shale Gas - Natural Gas Expanding...more

UK Shale Exploitation: Securing Subsurface Access Rights

In February, King & Spalding was invited to participate in an access rights workshop run by UK oil and gas regulator, the Department for Energy & Climate Change ("DECC"). The purpose of the workshop was to invite...more

Chinese Going Global

In recent years, we have seen several joint venture investments by Chinese state-owned and private enterprises in U.S. energy holdings, motivated in large part by the need for Chinese entities to understand the management...more

Post-Production Issues and Oil & Gas Leases

So your oil and gas lease has now converted from the primary term to the secondary term – now what? There are several issues that a landowner or mineral interest owner should be aware of at this stage of the lease. ...more

BakerHostetler’s Shale Oil and Gas Industry 2013 Year-in-Review and 2014 Look Forward

With Congress and the White House mired in partisan gridlock and preoccupied by issues like the federal debt ceiling, the Affordable Care Act rollout, and the Edward Snowden leak investigation, states again took the lead on...more

Polish Shale Gas Law Update – Tax-Free Opportunities!

After years of anticipation and delay, the Polish government has finally taken significant steps forward in opening up the shale gas industry in Poland. Either fortuitously or intentionally, this comes just in time. The E.U....more

Eagle Ford Shale Dispute Paves The Way For Supreme Court of Texas Review Of Supersedeas Bond Requirements

In the case of a Texas court judgment that awards damages to a plaintiff, a critical question that arises for defense counsel is, "What steps must be taken to prevent execution on the judgment during the pendency of an...more

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