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What's in It for Me: The Inflation Reduction Act's Clean Energy Tax Credits

Key Takeaways: ..Recently enacted direct pay and transfer provisions apply to certain clean energy tax credits. These provisions will have a significant impact on how taxpayers can monetize these tax credits and, in...more

IRS Releases New Guidance on Credits for Sequestration of Carbon

If there is to be rapid progress in limiting the increase of carbon dioxide (CO2) in the atmosphere, it will depend substantially on federal tax credits and state incentives for carbon capture and storage. For now, carbon...more

Understanding Missouri v. Biden: The Benefits and Costs of Carbon Emissions

On Feb. 26, the Biden administration announced that, for at least the rest of the year, federal agencies will conduct regulatory and environmental analyses assuming that the global “social cost” of emitting carbon dioxide is...more

Independent Oil and Gas Producers Defeat Attempt to Revive Obama-Era Hydraulic Fracturing Regulations

On March 27, 2020, the United States District Court for the Northern District of California granted summary judgment on behalf of BakerHostetler clients Independent Petroleum Association of America (IPAA) and Western Energy...more

Energy Contracts: In-House Counsel, Force Majeure, and the COVID-19 Pandemic

COVID-19 is disrupting contracts in our energy industries, impacting electric power and petroleum, and both product providers and service providers. Contracts will be breached. The phrase “force majeure” will be top of...more

Colorado Royalty Litigation: 20 Dismissed Cases - Is There a Good-Faith Basis for Filing Such Cases in District Court?

On April 24, 2018, Colorado state district courts solidified judicial recognition of the Colorado General Assembly’s delegation of primary jurisdiction to the Colorado Oil and Gas Conservation Commission (Commission) over...more

Trespass by Frac'ing? Pennsylvania Weighs In

Reversing an order granting Southwestern Energy Company’s (SWN) Motion for Summary Judgment, the Superior Court of Pennsylvania held in a published decision on April 2, 2018, that trespass and conversion claims arising from...more

4/11/2018  /  Energy Sector , Fracking , Oil & Gas , Shale Gas

Colorado Royalty Litigation: Exhaustion of Administrative Remedies Before the Colorado Oil and Gas Conservation Commission

Few areas of the law have seen such substantial evolution in a three-year span as Colorado case law on oil and gas royalty litigation. Since 2015, 13 Colorado state district court opinions have required royalty plaintiffs...more

New Mexico Supreme Court Undermines Validity Of Standard Royalty Agreements

On September 15, 2014, the New Mexico Supreme Court entered a decision in First Baptist Church of Roswell v. Yates Petroleum Corp., a case that could call into question the validity of royalty agreements and division orders...more

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