News & Analysis as of

Colorado State Court Strikes Down a Second City-Wide Fracking Ban

A Colorado state judge recently struck down a city’s voter-approved moratorium on hydraulic fracturing, or “fracking.” This marks the second time a Colorado judge has quashed a city’s fracking ban within a matter of two...more

Fracking Hearings Set to Begin in North Carolina

This Wednesday in Raleigh will see the first of four upcoming public hearings in North Carolina over the state’s proposed fracking rules. The hearings are part of the final phase of rule making, coming after two years of...more

Governor Christie Vetoes New Jersey Fracking Ban

Last week, New Jersey Governor Chris Christie vetoed legislation that would have banned the treatment, discharge, and disposal of fracking wastewater in the state, arguing that the bill violated the United States...more

A Focus on Energy: M&A Trends in the Energy Sector [Video]

Houston-based Latham & Watkins partner Robin Fredrickson talks about M&A trends in the energy sector....more

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

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

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

Aubrey McClendon’s American Energy Partners LP Announces Agreements to Purchase over $4 Billion of Shale Acreage in Utica,...

In two press releases Monday, American Energy Partners LP announced agreements to purchase shale acreage in the Utica and Marcellus shale for $1.75 billion, and acreage in the Permian Basin in Texas for $2.5 billion. The...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

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

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

Energy Newsletter - March 2014

In This Issue: - REGULATORY: Oil & Gas Regulatory, Government Relations: Congress Probes Crude Rail Safety Developments; Voluntary Industry-Regulator Agreement Addresses Safety Concerns - Environmental: A "Diesel...more

Shale Gas in the UK: a year in review (a regulatory and policy update)

Introduction - Shale gas exploration is now featuring in the news headlines in the UK on an almost daily basis. The positions of those for and against extraction of unconventional gas through hydraulic fracturing...more

Benesch Shale Industry Report: Quarterly Summary - Q4 2013

In This Issue: - Top Issues and Considerations - Shale Industry Moves - Ohio Shale Infrastructure - Government - School Districts - Excerpt from School Districts: • Stark State...more

UK Government Considers Curtailing Trespass Laws in Favour of Fracking

Following a change to planning laws that was welcomed by developers, government shows signs of promoting shale gas extraction operations in the UK. The UK government has announced that it is reviewing the existing...more

New Exploration Technologies Give Rise to Unclaimed Property Compliance Issues

The recent expansion of oil and natural gas exploration and production activities in previously unprofitable areas has brought increased attention to issues surrounding compliance with state unclaimed property laws. Producers...more

Fracking: A New Contact Sport

One of the more interesting developments coming from the rise in hydraulic fracturing (fracking) is the efforts by municipalities to prohibit or limit fracking in their backyards, and the ensuing debates on the...more

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