Resource Extraction

News & Analysis as of

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

Advances in Drilling Techniques Push U.S. Oil Rig Count to New Record High

Operators’ ability to develop previously untapped oil reserves through horizontal drilling techniques has led to a record 1,443 oil rigs currently in operation in the U.S. according to a report released last week by Baker...more

California Lawmakers Introduce New Fracking Bill

On February 20, 2014, California lawmakers Holly Mitchell (D-Los Angeles) and Mark Leno (D-San Francisco) introduced Senate Bill (SB) 1132, a new bill that would halt fracturing and other oil and extraction practices in the...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

Michigan Lawmakers Evaluate Lower Severance Tax and Infrastructure Bills for Carbon Dioxide-Injected Oil and Gas Wells

While legislation driven by the rapid growth of horizontal drilling and hydraulic fracturing has dominated oil and gas legislation in recent years, this week, Michigan lawmakers considered bills to enhance viability of other...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

Texas’ Eagle Ford Formation Leads U.S. in Oil-and-Gas Transactions in 2013

In a year where overall upstream oil-and-gas transactions were down significantly from the previous year, the Eagle Ford shale formation in South Texas proved to be an active region for companies looking to make a deal....more

Pennsylvania Supreme Court Weighs in on Amendments to Pa. Oil and Gas Act

In a recent decision, the Pennsylvania Supreme Court held as unconstitutional several provisions in Act 13, which, in part, amended Pennsylvania's Oil and Gas Act to permit oil and gas operations in all zoning districts....more

Historic reform in Mexico clears the way for foreign investment in energy sector: 5 key aspects

The energy reform proposed by Mexico’s Peña Nieto administration has been approved by the Mexican Congress and, in rapid succession, by a majority of the Mexican state legislatures. This sweeping, historic reform amends the...more

Representatives Object To Exemption From Resource Extraction Rule Disclosures

Congress is working to reconcile differing versions of legislation to implement an Obama Administration deal with Mexico to develop oil and gas resources in the Gulf of Mexico. Three Democratic lawmakers recently wrote...more

Does SEC Independence Mean A Lack Of Accountability?

Earlier this week, Broc Romanek highlighted a recent panegyric on SEC independence given by SEC Chairwoman Mary Jo White. Independent agencies are the platypodes of the federal government. Many are inclined to view...more

Assembly Committee Advances Fracking Bill to the Floor

At the end of last week, the Assembly Committee on Appropriations advanced the remaining bill regarding hydraulic fracturing, SB 4, to the Assembly Floor. After delaying the first scheduled vote on the bill, Appropriations...more

SEC Will Not Appeal Resource Extraction Decision

The United States District Court for the District of Columbia previously vacated the SEC resource extraction disclosure rules. According to various published press reports, the SEC will not appeal the decision. “The court...more

Public Comment Period for Proposed Federal Fracking Regulations Draws to a Close

The public comment period for new federal regulations regarding fracking on public lands—the first substantive update to the rules in three decades—ended on Friday with over 1 million submissions from both critics and...more

Old Rules Are Learned Anew In Louisiana Servitude Case

Occasionally in my litigation experience I’m reminded of time-honored rules of law. Often I’m pleased, sometimes I’m not. So it was, I assume, for the parties in Midnight rilling, LLC v. Triche et al....more

Recent Hydraulic Fracturing Trends in the United Kingdom

August is known as the “silly season” in the U.K. media. With a large part of the country on vacation, it is a month in which newspapers struggle to fill column inches. Stories emerge that would typically not receive as much...more

In Case You Missed It - Interesting Items for Corporate Counsel (Cumulative)

As forecast, there is no shortage of law firm memos describing Regulation D changes, including the final rules eliminating the general solicitation ban (here) and prohibiting "bad actor" participation (here) and the proposed...more

BLM Announces an Environmental Assessment to Address Fracking in California

Last week, the Bureau of Land Management (BLM) issued a notice of intent to prepare an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA) to address hydraulic fracturing on federal lands...more

Dover Commercial Project Approved

On August 6, 2013, the Alberta Energy Regulator (AER) approved the Dover Commercial Project (Project), a 250,000 barrel per day in situ oil sands project proposed by Brion Energy (a joint venture between Athabasca Oil...more

Department of Energy Report Indicates Fracking Has Not Contaminated Drinking Water in Western Pennsylvania

A recent study by the Department of Energy’s National Energy Technology Laboratory (NETL) indicates that chemical-laced fluids used in hydraulic fracturing, or fracking, have not contaminated the drinking water at a test...more

The Shale Play Today - July 2013

In This Issue: - Legislative Update: Pa. Passes Oil & Gas Lease Act: On July 9, 2013, Governor Corbett signed the Oil and Gas Lease Act, Senate Bill No. 259 of 2013 (the"Act"), which amends Pennsylvania's...more

District Court Rejects Challenge to SEC Conflict Minerals Rule

On July 23, the US District Court for the District of Columbia issued a decision granting the Securities and Exchange Commission’s motion for summary judgment in a challenge to the SEC’s “conflict minerals” rule that was...more

Mining Review -- July 2013: Recent SEC FAQs on Disclosure of Payments to Governments and on Conflicts Minerals

On May 30, 2013, the U.S. Securities and Exchange Commission (SEC) published a list of Frequently Asked Questions (FAQs) to provide guidance on the rule adopted to implement the Dodd-Frank Act requirements to disclose...more

Illinois’ Hydraulic Fracturing Tax Act

Prior to the Hydraulic Fracturing Tax Act, Illinois was one of the few drilling states not to impose any severance or gross production taxes on the extraction of its minerals. For oil and gas removed on or after July 1,...more

Mining Review -- July 2013: Publish What You Pay Laws – Getting it Right Here in Canada

That various payments to domestic and foreign governments by natural resource companies should be subject to transparency obligations is now universally accepted as good public policy. Increasingly however, governments are...more

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