Petroleum Oil & Gas

News & Analysis as of

Truthiness and Truth Edition

Truthiness: A quality characterizing a “truth” that a person making an argument or assertion claims to know intuitively, “from the gut” or because it “feels right” without regard to evidence, logic, intellectual examination...more

Court Allows Pennsylvania Punitive Damages Claims in Petroleum Exposure Case

The judge in a petroleum exposure case will allow a jury to decide whether a gas station operator and its environmental consultant recklessly failed to inform a plumber of the risks of working in an excavated pit with a...more

EIB Energy Highlights: SCOTUS on FERC, Nat Gas Record Year, Oil & Gas Exports, Winter Outlook, Cybersecurity & More

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

Federal Energy Legislative Update

There has been recent action in Congress on issues important to the oil and gas industry. This post provides an overview of the major energy-related bills in Congress. H.R. 538, the Native American Energy Act – On...more

EPA Issues New Residual Risk and Technology Rule for Petroleum Refineries

On September 29, 2015, the U.S. Environmental Protection Agency (“EPA” or the “Agency”) promulgated its final Petroleum Refinery Sector Risk and Technology Review (“RTR”) and New Source Performance Standards (“NSPS”) rule...more

BP has settled its Clean Water Act penalty claims, but important questions remain to be decided

The United States and BP lodged their proposed settlement of the remaining claims by the US in connection with the Deepwater Horizon explosion and spill with the US District Court today. Comments to the Justice Department are...more

DEC Explains New Enforcement Initiative to the New York Oil and Gas Industry

On September 30, 2015, the New York State Department of Environmental Conservation (DEC) held a public information session regarding DEC enforcement of regulations relating to Petroleum Bulk Storage (PBS), petroleum spills...more

Federal Judge Grants Preliminary Injunction Blocking Enforcement of New BLM Hydraulic Fracturing Rules

On September 30, 2015, the U.S. District Court for the District of Wyoming granted a motion for a preliminary injunction preventing enforcement of the U.S. Bureau of Land Management’s (BLM) recently issued hydraulic...more

Senate Bill 350 Calls for Higher Renewables Portfolio Standard, Higher Energy Efficiency Targets, an Expanded System Operator, but...

As most of you know by now, Senate Bill (“SB”) 350, the much-chronicled and debated Clean Energy and Pollution Reduction Act of 2015, passed out of the California Legislature and is currently awaiting signature by Governor...more

Where You Operate Matters: the Fifth Circuit Widens the Split on MBTA Liability

Last week the Fifth Circuit issued a ruling that reduces uncertainty regarding criminal liability for taking migratory birds. In particular, the ruling alleviates potential liability for facilities where interactions with...more

DOE Offers $1 Billion in Federal Loan Guarantees for Distributed Energy Projects, Provides Guidance

The U.S. Department of Energy (DOE) recently announced that it will make $1 billion available for distributed energy project loan guarantees. DOE issued supplements to the existing loan guarantee solicitations for Advanced...more

BP’s 2015 New York Law GTCs for Crude Oil and Products Trading: Key Changes

BP Global Oil Americas (BP) recently published the 2015 edition of its General Terms & Conditions for Purchases and Sales of Crude Oil, Refined Petroleum and Related Products (GTCs), which are governed by New York law. The...more

ANP Announces the 13th Bidding Round for Exploration of Oil and Gas in Brazil

The Brazilian National Council of Energy Policy (CNPE) recently authorized the 13th Bidding Round for Brazilian oil and gas resources. The Round includes 266 exploratory blocks, both onshore and offshore, and are distributed...more

2015 Florida Legislative Update: Environment, Growth Management and Water

The Florida Legislature concluded its 2015 regular session on May 1, 2015. However, for all practical purposes, the session ended on April 28, when the House unexpectedly adjourned three days early after it became clear the...more

Final Rules Released for Hydraulic Fracturing on Federal and Tribal Lands

The Bureau of Land Management contends that its new rules are consistent with state regulations and industry standards, but stakeholders believe that the rules are unnecessary or simply miss the mark. ...more

Model Remedies Under Washington’s Model Toxic Control Act – A Modest First Step for Impacted Soil Sites

In December 2014, the Washington Department of Ecology (“Ecology”) issued a white paper discussing the status of its work toward developing “model remedies.” In 2013, the Washington Legislature directed Ecology to establish...more

Commerce Department Clarifies Rules on Exports of Lease Condensate

On December 30, 2014, the Commerce Department issued new Frequently Asked Questions on exports of “Crude Oil and Petroleum Products,” the responses to which make it clear that certain types of lease condensate are eligible,...more

New York’s Highest Court Affirms Zoning Ordinances Banning Hydrofracking

The Insurance Law Blog has been following decisions related to hydraulic fracturing for potential impacts on insurance coverage issues. As we previously reported in May 2013, the New York Supreme Court, Appellate Division,...more

Mexico Opens Up Its Energy Industry: The Liberalization of Mexico’s Energy Sector May Lead to New Opportunities for Investors

Mexico’s president, Enrique Peña Nieto, introduced a reform in August 2013, according to which the Mexican state will give up absolute control over the supply of oil, gas and electricity. The relevant bill changing the...more

CERCLA Preempts State-Law Claims Arising Out Of Petroleum Contamination

In what appears to be a first, a federal district court has held that the “Petroleum Exclusion” under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) preempts state-law contribution claims...more

Train Explosion Drives Federal Railroad Administration to Issue New Regulations Impacting the Transportation of Petroleum Products

On August 2, 2013 the Federal Railroad Administration ("FRA") released Emergency Order No. 28, Notice No. 1 and Safety Advisory 2013-06 in response to the July 2013 tragedy in Lac-Mégantic, Quebec, Canada where a cargo train...more

Financing Petrochemical Projects In China – A Sponsors' Perspective

Although the nature and function of petrochemical processes and products is often a very unfamiliar subject to the average person working outside the chemicals industry, petrochemicals and the end–products that they make...more

TRANSACTIONAL: Corporate / London: Turkey's New Petroleum Law: Its objectives and how they will be achieved

Overview - Turkey aims to become a regional energy hub, in terms of both production and transit of hydrocarbons. In particular, and largely in response to recent large gas discoveries by nearby Cyprus and Israel, the...more

Energy Newsletter - May 2013

In This Issue: - DISPUTE RESOLUTION: - Oil & Gas Litigation: New Decision May Impede Fracking on Federal Land - Intellectual Property: Non-Practicing Entities (Patent Trolls) Target Oil and Gas...more

TRANSACTIONAL: Corporate / London: Nigeria’s Petroleum Industry Bill: promising legislation beset by problems

The History - A “Petroleum Industry Bill” has created an unprecedented level of discussion for a new piece of legislation in Nigeria. Perhaps the level of interest should not come as a surprise given the extent to...more

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