Permits Oil & Gas

News & Analysis as of

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

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

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

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

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

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

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

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

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

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

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

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

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

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...

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

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

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

Salem power plant wins market deferral

Federal regulators have granted a request by the developer of a power plant in Salem, Massachusetts, to defer its commitment to provide power to the New England market. The process reflects challenges inherent to developing...more

An Update on Recent Oil- and Gas-Related Decisions in Ohio

Due to increased drilling activity in the Utica shale formation, state and federal courts in Ohio and the 6th Circuit have recently issued decisions related to local drilling regulations, drilling permits, leasing, indemnity...more

Radioactivity In The Oilfield: North Dakota Issues Material Handling Regulations Impacting Oil And Gas Operations

On April 10, 2014, the North Dakota Industrial Commission (NDIC) announced new permit requirements for oil, gas and saltwater disposal wells. The new regulations, which go into effect on June 1, are targeted at the proper...more

Petition Challenges Short-Term Water Approvals in B.C.

On November 13, 2013, two environmental organizations filed a petition that challenges the lawfulness of the BC Oil and Gas Commission’s (OGC) practice in granting approvals for the short-term use of water in hydraulic...more

PA Supreme Court Holds Portions of Oil and Gas Act Unconstitutional

The Pennsylvania Supreme Court recently held that several provisions of Act 13 of the Pennsylvania Oil and Gas Act are unconstitutional as it gives Marcellus Shale and natural gas drillers unfettered access to drilling...more

Texas Environmental Update - December 20, 2013

Mexican Federal Congress Approves Important Constitutional Energy Reform Bill - Energy Legal Blog, December 13, 2013 - As we previously reported, on August 12, 2013, Mexican President Enrique Peña Nieto...more

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