California Lawmakers Making a Strong Push to Ban Hydraulic Fracturing
The Delaware River Basin Commission (“DRBC”), the first government-and-state joint venture in river basin planning since the birth of the nation, itself, won a substantial—but narrow—victory on Friday when the 3rd Circuit...more
On May 19, 2022, a Colorado federal district court judge, the Honorable Marcia S. Krieger, issued an opinion and order remanding action, preventing—for now, at least—an expansive fracking plan in Western Colorado from going...more
State senators introduce bill to ban hydraulic fracturing in California by 2027 - San Francisco Chronicle – February 17 - State Senators Scott Wiener and Monique Limon have introduced a bill that would halt the...more
...Every two years at election time, I publish a guide to the most interesting and important races around the country affecting energy. In 2020, however, energy, along with the coronavirus, is the election. Originally...more
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
Let's be frank. The institution of a fracking ban would simply be bad policy for the U.S. oil and gas industry. In quantifying this position, I want to highlight a paper that was published in January by Michael Lynch of the...more
Last week, a subset of the Democratic Senators and Representatives who previously led the introduction of the “Green New Deal” proposed legislation that, while a longshot, would alter dramatically the U.S. energy industry....more
Just a day before one of the most consequential elections in a generation, there are fewer major races and ballot initiatives pertaining to shale and hydraulic fracturing than in recent years....more
On Aug. 29, 2018, the office of Colorado Secretary of State Wayne Williams announced that a setback measure for oil and gas development made the November ballot. The measure, if passed, would mandate that new oil and gas...more
Iran's Latest Terrorist Attack Matters More than OPEC's Latest Meeting, RBC's Croft Says - "Oil market attention was focused on an OPEC meeting in Algeria this weekend, but it was Saturday's terrorist attack in an oil-rich...more
Oil World Turns Upside Down as U.S. Sells Oil in Middle East - "Yet, in a trade that illustrates how the rise of the American shale industry is upending energy markets across the globe, the U.A.E. bought oil directly from...more
In draft rules issued last week, the Delaware River Basin Commission (DRBC) proposed to ban high-volume hydraulic fracturing (the practice known as fracking) for the extraction of oil and natural gas in the Delaware River...more
President-Elect Donald Trump announced this week three new cabinet nominees who will certainly influence U.S. energy policy at home and abroad. This alert is intended to update clients on the President-Elect's nominees and...more
U.S. District Court Judge Scott Skavdahl in State of Wyoming et al v. U.S. Department if Interior et al. struck down Bureau of Land Management regulations applying to hydraulic fracking on federal and Indian lands. He...more
On September 30, 2015, the U.S. District Court for the District of Wyoming granted a motion for a preliminary injunction preventing enforcement of the U.S. Bureau of Land Management’s (BLM) recently issued hydraulic...more
This week the Ohio Supreme Court denied three Ohio counties’ attempts to ban high-volume hydraulic fracking. But that denial was procedural, not substantive, so the victory is limited to the instance at hand and the counties...more
Political actions have consequences. A force majeure clause in New York oil and gas leases does not modify the primary term of the habendum clause and the leases are not extended because of the state ban “moratorium” on...more
Residents in three Ohio counties have sued the state after Secretary of State Jon Husted invalidated three ballot proposals to ban hydraulic fracturing projects in Fulton, Medina, and Athens counties. The bans, if passed,...more
New York’s 2010 moratorium on hydraulic fracturing, culminating in Governor Andrew Cuomo’s formal ban of the practice in his state on December 17, 2014, made many large waves in the political, legal, and public arenas, the...more
Your Texas legislators have done their work and the citizens are safe for the next two years. The other good news is that industry supporters generally believe the 2015 Legislature was their friend. House Bill 2: Set...more
When New York officially banned hydraulic fracturing in late June 2015, many assumed the long-heated political debate was over and there would be no fracing in New York unless the courts overturned the ban. In less than a...more
First, an apology. I have brought shame to my own self and this blog for failing to invoke trigger warnings about activities I will mention again, after the appropriate trigger warning. (I had no idea there were so many.)...more
New York State garnered worldwide media attention on December 17, 2014, when Governor Andrew Cuomo’s administration announced after six years of study that it was instating a complete ban on high-volume hydraulic fracturing...more
In the wake of Texas’ recent “ban on banning hydraulic fracturing,” Oklahoma lawmakers have passed a similar law—SB 809—prohibiting municipal governments from regulating oil and gas drilling at the local level. The bill now...more
While Colorado cities continue to litigate their authority to ban fracing, a new environmental group is rallying to ban the practice throughout the entire state. At a gathering on February 24, the “Coloradans Against...more