News & Analysis as of

Permits Oil & Gas

TransCanada Receives Presidential Permit to Construct Keystone XL Pipeline

by King & Spalding on

On March 24, the Trump Administration granted a Presidential permit to TransCanada, which gives the company authority to “construct, connect, operate, and maintain pipeline facilities” for the Keystone XL Pipeline. The...more

Mexico's Energy Regulatory Commission Clarifies 10 Scenarios on Trading for Oil Products

by Holland & Knight LLP on

Mexico's Energy Reform of 2013 opened oil and gas sectors to private direct investment and operation. Under that reform, trading of hydrocarbons, oil and petrochemicals (oil products) opened in all value chains, even though...more

The Dispute Between Governor John Bel Edwards and Attorney General Jeff Landry Over the Appointment of Private Legal Counsel...

by Liskow & Lewis on

On September 30, 2016, Governor John Bel Edwards sued Attorney General Jeff Landry to compel him to approve several contracts between the Governor’s office and private legal counsel. In his Petition, the Governor alleged...more

FERC Meeting Agenda Summary - September 2016

by White & Case LLP on

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s September 22, 2016 meeting, pursuant to the agenda as issued on September 15, 2016. Agenda item G1 has not been summarized due to...more

Attorney General Finds Governor’s Contract for Legal Services Not Approvable, Unacceptable, Illegal, and Unconstitutional

by Liskow & Lewis on

The dispute between Governor John Bel Edwards and Attorney General Jeff Landry over the retention of several private attorneys to represent the State of Louisiana, through the Department of Natural Resources (“LDNR”) in...more

A Lumber Mill Biomass CoGen Need Not Consider Other Fuels In Its BACT Analysis. Other Sources Should Be So Lucky.

Ever since EPA began considering how BACT analysis would be applied to greenhouse gas emissions, there has been concern that EPA would use its BACT authority to “redefine the source” – with the particular concern that BACT...more

Meaning of “Commencement of Drilling”: Summary of Vitol E & P Limited v Africa Oil and Gas Corporation [2016] EWHC 1677 (Comm)

by King & Spalding on

Introduction - In a dispute arising in connection with a sale and purchase agreement for an interest under a Production Sharing Contract in the Congo, an English court (the Queen's Bench Division of the High Court of...more

FERC Meeting Agenda Summary - July 2016

by White & Case LLP on

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s July 21, 2016 meeting, pursuant to the agenda as issued on July 14, 2016. Agenda items E-6, E-19, E-21 and E-22 have not been...more

Finally…..The Final Aboveground Storage Tank and Horizontal Well Rules

In March 2016, we predicted that the Aboveground Storage Tank Act (“AST Act”) and changes to the Natural Gas Horizontal Well Control Act (“Horizontal Well Act”) legislative rules would be approved by the West Virginia...more

EPA Finalizes GHG Regulations for the Oil and Gas Industry and Clarifies which Sources May Be Aggregated for Permitting Purposes

by Jackson Walker on

The EPA is moving forward with the second stage of the Climate Action Plan – regulation of methane emissions from the oil and gas industry. Even while the first stage in President Obama’s Climate Action Plan, the Clean Power...more

The Statute of Limitations Narrows a Bit More on PSD Violations: Sierra Club Suffers a Self-Inflicted Wound

The law is full of fine distinctions. Today’s example? A divided 10th Circuit panel affirmed dismissal of the Sierra Club’s citizen suit claims against Oklahoma Gas and Electric concerning alleged PSD violations at OG&E’s...more

Service Proposes to Overhaul 50-Year-Old Regulations for Oil and Gas Development in Wildlife Refuges

by WilmerHale on

The U.S. Fish and Wildlife Service (Service) yesterday announced a proposed update to its regulations for oil and gas development in wildlife refuges. The proposed rule, which will be published in the Federal Register today,...more

California Environmental Law & Policy Update - November 2015 #2

by Allen Matkins on

Environmental and Policy Focus: San Diego Regional Water Quality Control Board amends regional MS4 permit to provide alternate compliance: Allen Matkin - Nov 19: On Wednesday afternoon, the San Diego Regional Water...more

Energy Newsletter - October 2015

by King & Spalding on

FERC Shares Best Practices for Stakeholder Outreach in Gas Project Permitting - The dramatic increase in domestic energy production over the past several years has resulted in the involvement of the Federal Energy...more

Alberta Court Strikes Out Pleadings Challenging Validity of Oil and Gas Permits

by Bennett Jones LLP on

A challenge to the validity of oil and gas permits outside the judicial review process is a collateral attack and will be struck, the Alberta Court of Queen’s Bench held recently in Ominayak v Penn West Petroleum Ltd, 2015...more

K&L Gates Texas Environmental Legislative Review

by K&L Gates LLP on

The 84th Texas Legislature ended June 1, 2015. This was the first legislative session under Republican Governor Greg Abbott, and while over 6,000 bills were filed, approximately 1,300 were enacted. For your review, we have...more

SHE Matters - Summer 2015

by DLA Piper on

In This Issue: - Changes to Comah Regulations - Make Sure You Are Prepared - Strengthening of Enforcement Powers Under the Environmental Permitting Regine and Tackling Waste Crime - Will You Be Affected? - The...more

Texas Operator Pushes Back on Seismic Claims at Railroad Commission Hearing

by BakerHostetler on

Earlier this week, the Texas Railroad Commission held its first “show cause” hearing under the rule amendments adopted last October to address issues related to disposal wells located in potential high-risk seismic areas....more

Minimizing Risk Under the Clean Water Act

by WilmerHale on

The Federal Water Pollution Control Act — more commonly known as the Clean Water Act — establishes a stringent regulatory and permitting regime governing the discharge of pollutants into rivers, streams, wetlands, and other...more

Duty to Consult Not Triggered for Exploration Dispositions: Saskatchewan Court of Appeal

by Bennett Jones LLP on

The grant of exploration dispositions for oil sands located beneath treaty lands did not trigger the Crown’s duty to consult, the Saskatchewan Court of Appeal held recently in Buffalo River Dene Nation v Ministry of Energy...more

Hydraulic Fracturing Moratorium Lifted in North Carolina

by BakerHostetler on

Last week, North Carolina became the 34th state to allow hydraulic fracturing. Years in the making, new rules developed by the state’s Mining and Energy Commission after receiving over 200,000 public comments went into effect...more

New Source Review Update: Courts Limit Aggregation for Major Source Determination and Challenges to NSR Pre-Project Emissions...

Pennsylvania Court Limits NSR Permit Aggregation - In February, the Middle District of Pennsylvania struck down an environmental group’s challenge that Ultra Resources should have aggregated eight compressor stations...more

The Early Bird Catches the Worm: A Lesson in Submitting Drilling Applications Early to Avoid Expiration of Federal Oil and Gas...

by Stoel Rives LLP on

As many of you know, permitting delays are not only frustrating but can have real consequences for project applicants with contractual deadlines. In the case of a federal oil and gas lease, operators should be mindful of the...more

Change in permitting process for companies conducting hydrostatic testing in Pennsylvania

by Saul Ewing LLP on

Pennsylvania’s general permit for discharges from hydrostatic testing of tanks and pipelines expired on December 20, 2014. Companies who have not previously obtained a general permit and are planning to conduct hydrostatic...more

“Final” May Be a Misnomer for California’s Final Fracking Regulations

by Morgan Lewis on

The California Department of Conservation, Division of Oil, Gas and Geothermal Resources recently issued a “final” set of rules for regulating hydraulic fracturing in California that replace the interim rules that have been...more

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