News & Analysis as of

Pennsylvania and Ohio regulatory efforts regarding NORM/TERNORM in oil and gas production wastes

The following is a summary of the steps that regulators in Pennsylvania and Ohio have taken to address the presence of radioactive materials in shale gas wastes....more

Post Election Update 2014

The 2014 Midterm Elections have taken place and Republicans performed extremely well in all categories – winning key gubernatorial and congressional races – in what many are viewing as a "wave election." In the...more

First AIPN Model Contract for Unconventional Resource Operations

Concluding two years of work by a drafting committee comprised of more than 160 industry representatives from 26 countries spread across five continents, the Association of International Petroleum Negotiators (AIPN) on 25...more

Truth and Illusion in the Fracking Debate

Gas Flaring - According to Earthworks, gas flaring in the Bakken and Eagle Ford Shale is out of control and tons of greenhouse gases are being fired into the atmosphere; therefore, we should ban fracking. According to...more

Environmental Group Calls for Tighter Regulation of Frac Sand

The U.S. shale boom has generated a boom in a related industry: “frac sand.” Sand has become an integral component of hydraulic fracturing. Oil companies use sand as a “proppant”: after shale formations are injected with...more

Fracking Strategies

Advancements in the technology for the development of shale gas resources are expected to open doors to exploitation of shale gas reserves worldwide. In that context, we look at the scope of protection and the issues...more

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

Reality Check on the Auditor General’s Report on DEP’s Oversight of Oil and Gas Operations

The expected chorus of politically driven indignation is raining down in response to the Auditor General’s report released this Tuesday on the DEP’s performance in monitoring potential impacts to water quality from shale gas...more

Benesch Shale Industry Report Quarterly Summary - Q2 2014

In This Report: - Top Issues and Considerations - Shale Industry Moves - Ohio Shale Infrastructure - Government - Excerpt from Shale Industry Moves: E&P – Overview for Ohio: • As...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

Nuisance Verdicts in the Barnett Shale: Two claims arising out of the same natural gas operations yield two very different...

On April 10, 2014, a Fort Worth jury rejected a landowner's nuisance claim against a well operator in Teri Anglim v. Chesapeake Operating Inc., 2011-008256-1. Plaintiff Teri Anglim claimed that Chesapeake's operations at two...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

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

Industry Group Study Says Bakken Crude Poses No Different Risks Than Other Crude Shipped By Rail

As rail shipments of crude oil moving out of North Dakota’s Bakken formation have risen in recent years, so have derailments of trains carrying crude oil throughout the United States and Canada. One facet of the debate over...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

New Regulation for Exploration and Production of Hydrocarbons in Poland

On May 7, 2014, the Polish Parliament debated the next version of the bill to amend the Act on Mining and Geological Law of April 23, 2014 (the “Bill”). The Bill introduces new approaches with respect to the...more

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