News & Analysis as of

Oil & Gas

Don’t Fall Asleep at the Helm- 5th Circuit Goes Broad on OPA Interpretation

by Baker Donelson on

In two issues of first impression, the 5th Circuit Court of Appeals read the complete defense provisions for oil spills under the Oil Pollution Act (“OPA”) to strictly construe the defenses and make them only very narrowly...more

Oil Spill/Water Enforcement: Mississippi Commission on Environmental Quality and Vicksburg, Mississippi River Barge Operator Enter...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Magnolia Marine Transport (“MMT”) entered into a November 1st Agreed Order (“AO”) addressing alleged violation of a provision of the Mississippi Code addressing...more

Hydraulic Fracturing Services: New York Appellate Court Addresses Whether Field Invoice Terms Limit Damage Claims

The Supreme Court of the State of New York (Appellate Division) (“Court”) in a November 9th Memorandum and Order (“Order”) addressed whether field invoices provided to a customer for the performance of hydraulic fracturing...more

Situs of Debt Owed under Letters of Credit

Supreme Court of England clarifies terms for enforcement of international arbitral awards in Taurus Petroleum Limited v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq [2017] UKSC 64 - The English...more

House of Representatives Seeks To Clarify Lack Of Liability for Incidental and Accidental Take under Migratory Bird Treaty Act

by Nossaman LLP on

On November 8, 2017, the House of Representatives Committee on Natural Resources approved an amendment to oil and gas-related legislation, the SECURE Act (H.R. 4239), that is intended to obviate liability for the incidental...more

At The Well Weekly – Oil And Gas Update For Week Ending 11/17/2017 – WV/China MOU For Natural Gas Development Investments Makes...

by Cozen O'Connor on

Spot prices in Appalachia increased since our last report based largely on cold temperature forecasts while the rig count and oil prices maintained their positions. In Appalachia, West Virginia reports that it reached a...more

Interior Department and Forest Service Identify Burdens on Domestic Energy Development

by Latham & Watkins LLP on

Report on the agencies’ review of programs provides a roadmap to understanding which energy policies the Trump administration will revise. Several federal agencies have now issued reports responding to Executive Order (EO)...more

Army Corps of Engineers Floats Changes to Further Streamline Oil and Gas Pipeline Permitting

by Nossaman LLP on

The U.S. Army Corps of Engineers (Corps) issues nationwide permits (NWPs) to authorize discharge of dredged or fill materials to waters of the U.S. (WOUS) that require Department of the Army permits under Section 404 of the...more

Currents - Energy Industry Insights - November 2017 #2

Wheeling Resident David Zatezalo Confirmed to Lead MSHA - "In a strict party-line vote, the U.S. Senate confirmed Wheeling resident David Zatezalo to lead the federal Mine Safety and Health Administration. The vote to...more

House and Senate Tax Reform Proposals Diverge on Energy Provisions

by Holland & Knight LLP on

On November 2, House Republicans introduced H.R. 1, the Tax Cuts and Jobs Act. Senate Republicans followed suit shortly thereafter, releasing their proposal on November 9. The House Ways & Means Committee concluded its markup...more

Energy Insider Interview Series: Timothy C. Dugan, COO - Exploration and Production, CONSOL Energy

1. CONSOL recently approved its plans to split into two separate entities, with one company focusing exclusively on coal and the other on gas. What was the impetus behind this split, how did it become a reality, and what...more

October 2017: Patent Litigation Update

What’s at Stake in the Oil States Case? Supreme Court Granted Cert. to Review Constitutionality of Patent Office IPR Proceedings. This term, the Supreme Court will hear a challenge to the constitutionality of inter partes...more

The Oil Patch, the Single Business Enterprise Doctrine, and Veterans Day

by Gray Reed & McGraw on

Let’s suppose that someone (You? The other guy?) who operates wells in which others have an interest organizes the enterprise so that the owner of the leases, the owner of the overrides, the operator, several service...more

Watching The Broncos and Commodity Prices: Not For The Faint Of Heart

by Fox Rothschild LLP on

If you watched the Broncos play the Patriots on Sunday, chances are you still do not want to talk about it. Chances are also that you are devastated by the fact that they are 3-6 right now, but you are nonetheless looking...more

Third party debt orders and letters of credit

by Allen & Overy LLP on

The Supreme Court decided that the legal ‘location’ (situs) of a debt due under a letter of credit is the place of residence of the debtor, not where the debt is due to be paid. The decision opens the door for third party...more

Energy Hearings This Week

by Kelley Drye & Warren LLP on

Senate Energy and Natural Resources Committee hearing on “Hurricane Recovery Efforts in Puerto Rico and the U.S. Virgin Islands.” Date: Tuesday, Nov. 14, 9:30 a.m....more

Underground Storage Tanks/Airport Hydrant Systems: U.S. Environmental Protection Agency Addresses Question Regarding Aviation Fuel...

The United States Environmental Protection Agency (“EPA”) periodically updates a “Compendium” which addresses revisions to the Resource Conservation and Recovery Act, Subtitle I, Underground Storage Tank (“UST”)...more

Ready or Not? Now’s the Time to Get Your Oil Spill Management Team OSPR Certification

by Stoel Rives LLP on

The California Office of Spill Prevention and Response (“OSPR”), within the Department of Fish and Wildlife, has been tasked with new responsibilities related to oil spill response. Assembly Bill 1197 (“AB 1197”), which was...more

The FCPA Week That Was — Seven Individuals Charged for FCPA Violations

by Michael Volkov on

To all the “nattering nabobs of negativity” concerning FCPA enforcement, the US Justice Department responded with a resounding message – not only is FCPA enforcement here to stay, but individual violators are on DOJ’s radar...more

Currents - Energy Industry Insights - November 2017

China Energy Investment Signs MOU for $83.7 Billion in West Virginia Projects "China Energy Investment Corp, the world's largest power company by asset value, has signed a memorandum of understanding (MOU) to invest $83.7...more

U.S. Government Issues Guidance on Expanded Russia Sanctions

by Holland & Knight LLP on

• The U.S. Department of State issued public guidance on sanctions with respect to 39 named entities related to Russia's defense and intelligence sectors. This guidance is issued under Section 231 of the Countering America's...more

Energy Newsletter - November 2017

by King & Spalding on

Choice of Law in Host Government Agreements - Choice of law stands as the second “pillar” of contract stabilization, together with stabilization clauses and international arbitration. In fact, choice of law provisions...more

U.S. Fifth Circuit Affirms $20 Million Judgment Against Barge Owner as Responsible Party Under the Oil Pollution Act of 1990

by Liskow & Lewis on

In July of 2008, nearly 300,000 gallons of oil spilled into the Mississippi River in New Orleans when a tugboat towing an oil-filled barge veered across the river into the path of an ocean-going tanker. American Commercial...more

Meaning of “In Connection With” and “Pursuant To” Under Oil Pollution Act A Question of First Impression in Fifth Circuit

On November 7, in U.S. v. American Commercial Lines, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed the District Court’s ruling that American Commercial Lines (ACL), the owner of a tug boat whose contracted...more

Courts Stay Pipeline Construction

In the past week, the D.C. Circuit and Second Circuit have stayed pipeline construction on the Atlantic Sunrise and Valley Lateral Projects, respectively, following challenges to FERC orders allowing the projects to proceed. ...more

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