News & Analysis as of

Oil & Gas

Can Natural Gas Drillers Drink Your Milkshake?

by Tucker Arensberg, P.C. on

The fight over the historical concept of the “Rule of Capture” as applied to gas rights in Pennsylvania continued recently as the appellees in the matter of Briggs v Southwestern Energy Prod. Co. recently requested a...more

Ontario Court of Appeal Clarifies and Reaffirms Dynex: Gross Overriding Royalties and Interests in Land

by Bennett Jones LLP on

In a decision of critical interest to the holders of overriding royalties in the mining and oil and gas sectors, the Ontario Court of Appeal has clarified the test used to determine when a royalty interest constitutes an...more

Bill 12: Preserving Canada's Economic Prosperity Act

by Bennett Jones LLP on

On April 16, 2018, the Government of Alberta introduced Bill 12: Preserving Canada’s Economic Prosperity Act (Bill 12 or the Act). Bill 12 proposes to give the Alberta Minister of Energy (Minister) sweeping powers to control...more

Arkansas Advisory Committee on Petroleum Storage Tanks – April Meeting

As noted in previous blog posts, Arkansas operates a petroleum storage tank trust fund that provides reimbursement for eligible storage tanks for certain corrective actions and third party damage claims due to a release of...more

Following Ninth Circuit’s Lead, Fourth Circuit Expands CWA Jurisdiction to Groundwater Where “Connection” to Navigable Waters...

Reviving a federal Clean Water Act (“CWA”) lawsuit, the U.S. Court of Appeals for the Fourth Circuit held that that an indirect discharge – such as a discharge to ground water – may fall within the scope of the CWA, if the...more

S.D.N.Y. Dismisses Chapter 15 Appeal By Purported Shareholder On Standing And Equitable Mootness Grounds

In an April 6, 2018 memorandum opinion and order, U.S. District Judge John G. Koeltl dismissed an appeal challenging the Chapter 15 recognition of a Cayman Islands restructuring of an offshore drilling contractor, holding...more

Farmout Agreement Worked Over By The Court

by Gray Reed & McGraw on

What could go wrong when the well recovers two times its costs in nine months? Plenty, as we see in Dimock v. Sutherland Energy....more

Shawn Bennett appointed to federal oil and gas position

by Bricker & Eckler LLP on

The U.S. Department of Energy’s Office of Fossil Energy has announced the appointment of Ohio’s Shawn Bennett as deputy assistant secretary for oil and natural gas. ...more

Fourth Circuit Expands Scope of Clean Water Act

by Alston & Bird on

Our Environment, Land Use & Natural Resources Group discusses the Fourth Circuit’s decision to allow a Clean Water Act class action suit to move forward. - Upstate Forever v. Kinder Morgan Energy Partners - The plain...more

Data Privacy + Cybersecurity Insider - April 2018 #2

by Robinson & Cole LLP on

Pipeline Companies Targeted by Cyber-Attacks - Reports show that U.S. energy companies reported more than 350 cybersecurity incidents to the U.S. Department of Homeland Security between 2011 and 2015. Pipeline companies...more

Currents - Energy Industry Insights - April 2018 #2

U.S. Agencies Agree to Slash Approval Times for Infrastructure Projects - "More than a dozen federal agencies agreed to slash the time needed for environmental reviews and permitting on major infrastructure projects, a...more

Here’s To Finishing The Week Strong

by Fox Rothschild LLP on

It is finally Friday. Many of us have had a long week and we are finishing the week strong. We are looking forward to a glass of champagne in our pjs since it is finally the weekend and we made it through the week. Ok, maybe...more

FERC Initiates Sweeping Reform of Ratemaking Treatment for Income Taxes

by King & Spalding on

On March 15, 2018, the Federal Energy Regulatory Commission (FERC) released a series of issuances intended to address the need to reflect the lower maximum corporate income tax rate adopted under the Tax Cuts and Jobs Act of...more

Pipeline Companies Targeted by Cyber-Attacks

Reports show that U.S. energy companies reported more than 350 cybersecurity incidents to the U.S. Department of Homeland Security between 2011 and 2015. Pipeline companies are included in that statistic....more

Red Notice Newsletter - Russian

ANTICORRUPTION DEVELOPMENTS – Canadian Mining Company Settles with SEC over FCPA Charges – On March 26, Kinross Gold Corporation settled with the Securities and Exchange Commission (SEC) over its alleged failure to...more

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Madison, Minnesota Facility Operator Enter into...

The United States Environmental Protection Agency (“EPA”) and Lac qui Parle Cooperative Oil Company (“LPCOC”) entered into an April 6th Consent Agreement and Final Order (“CAFO”) that addresses an alleged violation of the...more

Red Notice Newsletter - Chinese

ANTICORRUPTION DEVELOPMENTS – Canadian Mining Company Settles with SEC over FCPA Charges – On March 26, Kinross Gold Corporation settled with the Securities and Exchange Commission (SEC) over its alleged failure to...more

Trespass by Frac'ing? Pennsylvania Weighs In

by BakerHostetler on

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

Oil & Gas Industry Challenge Halts Core Provisions of BLM's Venting and Flaring Rule

by Holland & Hart LLP on

Oil and gas companies affected by the Bureau of Land Management's (BLM's) 2016 Waste Prevention, Production Subject to Royalties, and Resource Conservation rule, known as the "Venting and Flaring Rule," are (mostly) breathing...more

Rule of Capture Does Not Apply to Hydraulic Fracturing

by McGuireWoods LLP on

On April 2, the Pennsylvania Superior Court held that hydraulic fracturing that results in the extraction of natural gas from adjoining land may constitute a claim for trespass. In Briggs v. Southwestern Energy Production...more

Business Litigation Alert: "Texas Supreme Court Ruling Highlights the Importance of Heeding 'Red Flags' During Pre-Contract...

by Porter Hedges LLP on

Last month, the Texas Supreme Court upheld a lower court’s decision to toss a lawsuit by Orca Assets GP LLP against JP Morgan Chase over property in the Eagle Ford Shale. ...more

Pennsylvania Superior Court Holds “Rule of Capture” Does Not Preclude Liability for Trespass Due to Hydraulic Fracturing

The seemingly well-settled legal principle that an operator in Pennsylvania cannot be held liable for trespass for extracting gas from beneath another’s property, as long as the wellbore does not cross through the owner’s...more

Light, Sweet Crude Oil And Prices

by Fox Rothschild LLP on

Today, the U.S. Energy Information Administration (“EIA”) issued its Today in Energy entitled U.S. Crude Oil Production Growth Projected to be Led by Light, Sweet Crude Oil. We all know that I have a sweet tooth, but we...more

Oil & Gas Update: What Is New In The Cowboy State?

by Fox Rothschild LLP on

Flying into the Yellowstone Regional Airport in Cody, Wyoming, last week gave me a much-needed dose of the Cowboy State. Cody, a quiet and welcoming cowboy town named after Colonel “Buffalo Bill” Cody, is an amazing gem of...more

FERC Raises the Bar for Public Participation in Gas Pipeline Certificate Proceedings

by Davis Wright Tremaine LLP on

The Federal Energy Regulatory Commission (FERC) has a long-standing reputation for non-partisan decision-making. This was reinforced by its January 2018 rejection of the Department of Energy’s demand that electric pricing...more

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