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Methane Series Part III: Implementation Is Here. EPA Published the Proposed Rule Implementing the First-Ever Direct Tax on Methane...

We wrote an overview of the methane tax after the Inflation Reduction Act was signed into law in August 2022 and Congress directed the Environmental Protection Agency (EPA) to impose the first-ever direct tax on methane...more

The Seven-Year Saga of Monterey County’s Measure Z Comes to a Close

In 2016, through a voter initiative called Measure Z, the people of Monterey County, California, enacted a ban on two features of oil and gas operations. One was a ban on injecting or impounding wastewater from operations....more

What's Next in the Regulation of Methane Emissions?

What’s Next in the Regulation of Methane Emissions? Previously in our sessions, I have discussed carbon dioxide and what policymakers should do about it. Last month I explained it in full in a speech to the Independent...more

United States Bans Imports of Russian Petroleum Products, LNG and Coal as well as Certain New Investment in the Russian Federation

President Biden signed an Executive Order prohibiting the importation into the United States of Russian origin crude oil, petroleum, petroleum fuels, oils, and products of their distillation; liquefied natural gas (LNG);...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

Oil and Gas Production in Brazil

The exploration and production of oil and natural gas in Brazil has been on the rise and, as anticipated, the volume of proven reserves in the country has increased in recent years. In 2014, Brazil had 16.2 billion barrels...more

Independent Producers Seek To Halt Federal Hydraulic Fracturing Rule - BakerHostetler Files Injunction in Federal Court; Motion...

DENVER, May 15, 2015 — BakerHostetler today filed a request for preliminary injunction against the final rule the Bureau of Land Management (BLM) issued to regulate hydraulic fracturing on federal and Indian lands. The motion...more

RE: Bakken Crude-by-Rail: Environmental Groups Ask New York State to Regulate DOT-111 Tank Cars

A recent state-law challenge by environmental groups to an aspect of crude-by-rail transportation has teed up the question of federal supremacy over railroad regulation. Because federal law generally preempts state regulation...more

High Stakes Out on the Range: Gunnison Sage-Grouse Listed as an Endangered Species

In the first salvo of a larger environmental-industry showdown impacting Western shale development, the U.S. Fish and Wildlife Service announced Wednesday (Nov. 12, 2014) that the Gunnison Sage Grouse would be granted...more

Deepwater Horizon Oil Spill Legal Update: Judge Makes Findings of Gross Negligence and Negligence

While the Deepwater Horizon oil spill has largely disappeared from the news headlines, for the parties involved in the litigation, the legal machinations, particularly with respect to liability, have a long way still to...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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