News & Analysis as of

Bakken Shale Oil & Gas

Morgan Lewis - Power & Pipes

The Hits Keep Coming: DC Circuit Vacates Dakota Access Pipeline’s Federal Easement

It’s been a difficult several days for the oil industry. First, the Biden administration revoked the border-crossing permit for the Keystone XL pipeline on January 20. Another executive order, among other things, directed the...more

Opportune LLP

3 Strategies For E&Ps To Reduce Routine Flaring

Opportune LLP on

While increasingly stringent flaring regulations are an inevitability for oil and gas producers, there are innovative paths companies can take to be compliant....more

Mitchell, Williams, Selig, Gates & Woodyard,...

State of Washington Rail Transport Crude Oil Volatility Rules: U.S. Pipeline and Hazardous Materials Safety Administration Public...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a July 24th Public Notice and Invitation to Comment (“Notice”) addressing the states of North Dakota and Montana’s (“States”) request...more

Dentons

Iowa Landowners Disappointed by Iowa Supreme Court Eminent Domain Decision

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On May 31, the Iowa Supreme Court decided Texas-based company, Dakota Access, lawfully used the state’s power of eminent domain to seize land from Iowa citizens for the Bakken oil pipeline. The decision follows the...more

Stoel Rives LLP

North Dakota’s UIC Class VI Primacy Wait is Almost Over

Stoel Rives LLP on

The U.S. Environmental Protection Agency (EPA) is poised to approve North Dakota’s application for primary enforcement authority over the underground injection of CO2 for geologic sequestration in that state. Nearly four...more

BakerHostetler

Frack 2.0: Refracing Could Enable a Second Wave of Production Growth in the Bakken and Eagle Ford

BakerHostetler on

Operators will likely refrac more oil and gas wells this year and further accelerate such activity in 2016. The reason is simple: substantial bang for CAPEX bucks. A recent study by engineers from SPE and Baker Hughes...more

Beveridge & Diamond PC

“Peace Train” or “Crazy Train”?

In my former days defending agency actions in federal court, I had a standard line I used with frequent success when rules were attacked by all sides: “Your Honor, we’ve been sued here by both industry and environmental...more

Moore & Van Allen PLLC

Recent Crude Oil Train Derailments Intensify the Spotlight on Rail Safety and the Value of Oil Pipelines

Few of us can erase from our memories the imagery of fires blazing at the scenes of crude oil train derailments in West Virginia in early February and in Illinois earlier this month. The fact that these trains carrying Bakken...more

BakerHostetler

Crude-by-Rail Still Outcompetes Pipelines in the Bakken

BakerHostetler on

With low oil prices and producers slashing the rig count in the Bakken shale, it is fair to ask whether crude-by-rail will be able to compete with pipelines in the region. The bottom line is that crude-by-rail is likely to...more

BakerHostetler

When Oil Prices Head South, So Do the Bakken Oil Trains

BakerHostetler on

Bakken crude oil increasingly heads south as low oil prices erode its competitive advantage in the U.S. East Coast market. The price of WTI crude oil—the benchmark price for most U.S. shale crudes—is moving toward parity with...more

Obermayer Rebmann Maxwell & Hippel LLP

Oil Patch Regulators Order Bakken Crude “Stabilized,” A Step to Enhance Oil Train Safety

On December 9 the North Dakota Industrial Commission issued an Order requiring production facilities to separate volatile gases, the so-called “light ends,” like propane and butane, from crude oil before it is shipped to...more

Obermayer Rebmann Maxwell & Hippel LLP

State Regulators Are On Track To Improve Oil Train Safety

Our November 13 post noted that most of the crude oil from the Bakken Formation in North Dakota is shipped to ports and refineries throughout the United States by rail, typically in unit trains with one hundred cars or more....more

Obermayer Rebmann Maxwell & Hippel LLP

Falling Oil Prices Ignite Concern Over Bakken Crude

Happy Days Are Here Again? Gasoline prices have been falling steadily for months. Now a gallon may be purchased for substantially less than three dollars in many regions of the country. ...more

BakerHostetler

Crude-by-Rail Update: Municipalities in the Bakken Push Back Against Increasing Train Traffic

BakerHostetler on

Throughout the 19th and early 20th centuries, towns in the western United States grew and thrived around the railroad. In fact, the railroad tracks often became a central geographic feature within towns, birthing the...more

BakerHostetler

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

BakerHostetler on

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

BakerHostetler

Bakken Crude-by-Rail Update: Transloading Projects Dealt a Setback in California

BakerHostetler on

Recently, we covered environmental groups’ increasing array of state-law challenges to midstream and end users of Bakken crude that transport or receive oil by rail. Since then, a California regulator has admitted to...more

Troutman Pepper

Stephanie Pindyck Costantino Talks Domestic Oil and Gas M&A with The Deal

Troutman Pepper on

Amanda Levin, senior writer at The Deal, sat down with Stephanie Pindyck-Costantino, of counsel at Pepper Hamilton LLP, to talk about the robust domestic oil and gas M&A scene. The Bakken shale play has been of great...more

BakerHostetler

Environmental Groups Ramp-up the Crude-by-Rail Fight in the Courtroom

BakerHostetler on

Bakken crude producers and midstream transportation companies already experience transportation woes related to inadequate pipeline infrastructure, railroad capacity, tank car supply, rail accidents, and new regulations. But...more

Gray Reed

Truth and Illusion in the Fracking Debate

Gray Reed on

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

Bergeson & Campbell, P.C.

House Subcommittees Hold Joint Hearing On Characteristics Of Bakken Crude Oil

On September 9, 2014, the House Science, Space, and Technology Subcommittees on Energy and Oversight held a joint hearing entitled Bakken Petroleum: The Substance of Energy Independence. The hearing examined the...more

Stinson LLP

North Dakota Orders Limits on Gas Flaring

Stinson LLP on

On July 1, 2014 the North Dakota Industrial Commission (NDIC) imposed new rules that will significantly limit the flaring of natural gas at all existing and future wells. Order 24665 will allow wells completed in the...more

Gray Reed

Are Oil and Gas Producers Protecting the Environment?

Gray Reed on

In their search for Utopia, some opponents of oil and gas drilling ignore innovation … What’s harmful now will forever be that way....more

Gray Reed

North Dakota Court Dismisses Flaring Cases

Gray Reed on

You might recall that North Dakota achieved nationwide notoriety when photos of flaring Bakken wells visible from space circulated around the news. According to the U. S. Department of Energy...more

Bergeson & Campbell, P.C.

DOT Issues Emergency Order For Transport Of Crude Oil From Bakken Shale Region (UPDATE)

On May 23, 2014, the Department of Transportation’s Federal Railroad Administration clarified its May 7, 2014, Emergency Order Regarding Notification to Communities of Bakken Crude Oil Shipments through the release of...more

Nossaman LLP

Industry Takes Steps to Address Safety of Crude Oil Shipments

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The Department of Transportation (DOT) recently issued an Emergency Order (EO) requiring all rail carriers to notify State Emergency Response Commissions regarding the expected routing of their unit trains of Bakken crude...more

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