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Co-Author: Jenna Davidson The United States Court of Appeals for the Third Circuit (“Appellate Court”) addressed in a May 31st Opinion an insurance coverage question arising out of hydraulic fracking services being employed...more
Now less than one month before Election Day, the New York Governor's race is far closer than most had anticipated. Incumbent Democrat Kathy Hochul, who succeeded Andrew Cuomo following his resignation, is being pressed by...more
Pennsylvania is rapidly becoming the ultimate battleground state in American politics. Famously described by Democratic political operative James Carville as “Philadelphia in the East, Pittsburgh in the West, and Alabama in...more
Just north of Philadelphia International Airport and south of the Philadelphia sports Stadium complex lies the Port of Philadelphia, one of the largest freshwater ports in the world. So strategically located is the Port of...more
In 2008, then acting New York Governor David Patterson ordered a temporary ban on hydraulic fracturing in New York State. His successor, Andrew Cuomo, promised to study the issue. For nearly six years, Cuomo reiterated that...more
Last week, President Joe Biden warned Ukrainian President Vladimir Zelensky that a Russian invasion of Ukraine might be imminent. While Zelensky does not seem to share that assessment, full scale war in Eastern Europe seems...more
Kern County sues Governor Newsom over oil and gas development permits - Courthouse News Service – September 13 - Kern County, California’s largest oil and gas producing county, claims in a federal lawsuit filed on...more
Most bills filed in each legislative session fail. For the most part we are thankful for that. But today we summarize a few that survived while you weren’t paying attention. ...more
The Delaware River Basin Commission (DRBC) on February 25, 2021, approved a new regulation formally prohibiting high-volume hydraulic fracturing (HVHF), or fracking, in the Delaware River Basin. The final rule makes permanent...more
The US Department of Energy submitted a report to the president last month on “Economic and National Security Impacts under a Hydraulic Fracturing Ban.” This 80-page report analyzed the effects of a hypothetical United States...more
President Biden’s first move on energy internationally likely will be one of his most unfortunate actions - rejoining the Paris Climate Accords. Unfortunately, he will have no choice, since he has consistently pledged to do...more
When President Biden takes office on January 20, among the many other obstacles, issues and problems that he will need to deal with is an impending polar vortex that meteorologists now predict will descend upon the United...more
...As the Biden Administration prepares to take office with a platform pledging both to respect science and to rejoin the Paris Climate Agreements, a review of the actual data appears in order. Starting from a baseline on...more
The first warning sign that opposition to fracking and fossil fuels might not play well for the Democrats in the 2020 election came in June, when Pennsylvania Attorney General Josh Shapiro released what he described as a...more
Last week, the Trump and Biden campaigns each received a joint letter from the Boards of Commissioners of three Western Pennsylvania counties – Butler, Washington, and Beaver. All are in the Pittsburgh area, and all are large...more
Two United States Senators, Republican Ted Cruz of Texas and Democrat Jean Shaheen of New Hampshire, introduced legislation last week that would place sanctions on any company attempting to finish laying the pipe needed to...more
The Louisiana Department of Environmental Quality (“LDEQ”) and EnLink Processing Services, LLC (“EnLink”) entered into a May 20th Settlement addressing alleged violations of a Title V air permit. See Settlement Tracking No....more
Coronavirus Throws EU Climate Plans into Disarray - "Czech Prime Minister Andrej Babiš said last week that the EU should 'forget about' the Green Deal for now while it focuses on Coronavirus." Why this is important: ...more
In a case of first impression that drew interest across Appalachia, the Pennsylvania Supreme Court determined on January 22, 2020, that the rule of capture applies when natural gas is extracted through hydraulic fracturing...more
The Pennsylvania Supreme Court has issued its long-awaited decision in a case testing whether the “rule of capture” applies in the age of hydraulic fracturing. The rule of capture is a long-standing component of Pennsylvania...more
The Tenth District Ohio Court of Appeals recently applied a statutory amendment clarifying the oil & gas exemption for Ohio sales & use tax retroactively. Interestingly, while this appeal was pending at the Board of Tax...more
Reports on the inevitable death of the fossil fuel industry are overdone (assuming it isn’t kidnapped in the middle of the night by the next administration and murdered by litigation, regulation and executive fiat). ...more
CEP Magazine (November 2019) - According to an article in The Wall Street Journal, energy companies such as Southwestern Energy Co. and BP PLC “are seeking to monetize those investments by marketing their natural gas as a...more
The Rule of Capture has been a foundational concept of oil and gas prospecting for 150 years. The Rule of Capture exists to provide an affirmative defense to drillers when they tap into oil and gas pockets that cross property...more
Crisis in Middle East Should Remind Us of the Importance of Fracking - "Oil prices are likely to spike in the short-term aftermath of the attack on Saudi Arabia, but, as Clifford Krauss and Stanley Reed of The New York...more