News & Analysis as of

Oil & Gas Fracking

Pillsbury Winthrop Shaw Pittman LLP

The Dunes Sagebrush Lizard Saga Continues: FWS Lists the Species as Endangered, Draws Congressional Response

On May 20, 2024, the U.S. Fish and Wildlife Service published a final rule listing the dunes sagebrush lizard as endangered under the Endangered Species Act. The listing does not include a designation of critical habitat....more

Gray Reed

Update on Pennsylvania Subsurface Trespass

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Briggs v. Southwestern Energy Production Company, LLC is good news for Pennsylvania mineral owners bringing claims for subsurface trespass by fracking. In 2018 in “Briggs 1”, the Briggs family sued SWN for subsurface...more

Blank Rome LLP

Ohio Supreme Court Holds Equipment Used in Fracking Exempt from Use Tax

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The Ohio Supreme Court, reversing the Board of Tax Appeals, held that various items of equipment used in providing fracking services were directly used in the production of oil and gas and, consequently, were exempt from Ohio...more

Flaster Greenberg PC

Marcellus Shale Update: Energy Remains an Important Electoral Issue Even in “Safe” States Like New York: Law Firm, Attorneys

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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

Goldberg Segalla

PA GOP Can’t Crack Anti-Frack

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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

Rivkin Radler LLP

Insurance Update - July 2022

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Our July Insurance Update is here. This is what we discuss. “Hoosier” daddy? When a Little Daddy’s bouncer chased a drunk patron from Big Daddy’s parking lot, who knew it would lead to the Indiana Supreme Court...more

Allen Matkins

California Environmental Law & Policy Update - June 2022 #2

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Ninth Circuit blocks permits for hydraulic fracturing off California coast Bullet Los Angeles Times - June 3 The U.S. Ninth Circuit Court of Appeals last Friday blocked hydraulic fracturing, commonly known as fracking, off...more

Goldberg Segalla

Colorado Drilling Project Stopped in its [F]racks!

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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

Flaster Greenberg PC

As Ukraine Fights for Its Life, Philadelphia Remains Dormant

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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

Flaster Greenberg PC

Russia's Invasion Of Ukraine Forces A Rethink Of American Energy Policies

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Shortly before Russia invaded Ukraine on Thursday, February 23, President Biden reinstated the sanctions against the Nord Stream 2 pipeline that he had waived only last year. Depending on what side of the political divide you...more

Gray Reed

What’s Up With Those West Texas Earthquakes?

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If you dispose of produced water you are no-doubt aware of the intensive earthquakes being observed across the Midland and Delaware Basins. In West Texas Earthquake Observations, Implications for the Oil and Gas Industry,...more

Gray Reed

Is the Oil and Gas Industry Worth Defending?

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Of course it is. (Apologies for the clickbait.) If further reading would damage you, I recommend a subscription to the Guardian. Otherwise, consider these points of view when conversing with those in need of enlightenment....more

Flaster Greenberg PC

As Ukraine Tensions Soar, America's Greatest Weapon Remains Trapped Underground

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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

Allen Matkins

California Environmental Law & Policy Update - October 2021 #3

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California appellate court overturns Monterey County fracking ban - Courthouse News Service – October 12 - A California appeals court on Tuesday set aside a Monterey County measure banning hydraulic fracturing, or...more

Gray Reed

Added Party Can’t Avoid Amended Master Service Agreement

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Let’s begin with a question: Master service agreements (“MSA’s” in the trade), once agreed upon, often remain in force for years. As time passes and circumstances change, the parties amend, sometimes losing sight of the...more

Allen Matkins

California Environmental Law & Policy Update - September 2021 #3

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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

Gray Reed

Who Won and Who Didn’t: The 2021 Texas Legislature and Energy

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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 Volkov Law Group

Pipeline Company Pays $35 Million to Settle Criminal and Civil Environmental Violations for Inland Spill of Oil Drilling Generated...

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In a significant environmental crime enforcement action, the Justice Department resolved criminal charges under the Clean Water Act against Summit Midstream Partners LLC, a North Dakota pipeline company that discharged 29...more

Allen Matkins

California Environmental Law & Policy Update - May 2021 #4

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State issues proposal to ban hydraulic fracturing - The Bakersfield Californian – May 24 - California oil regulators last Friday publicly released a draft rule that would ban hydraulic fracturing, commonly known as...more

Allen Matkins

California Environmental Law & Policy Update - April 2021 #5

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Governor Newsom moves to ban hydraulic fracturing by 2024 - NPR – April 23 - Governor Gavin Newsom announced plans last Friday to ban hydraulic fracturing, commonly known as fracking, by 2024 as part of a longer-term...more

Opportune LLP

For ESG Investors, ‘Clean Fracs’ Could Mitigate Environmental Impacts

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As regulatory requirements and ESG reporting and transparency increase to address gas flaring, “clean fracs” could be one solution for upstream oil and gas companies towards an energy transition....more

Holland & Knight LLP

ANH modifica la segunda ronda de CEPI para pilotos de fracking en Colombia

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La Agencia Nacional de Hidrocarburos (ANH) en Colombia, el pasado 26 de febrero de 2021, expidió el Acuerdo No. 4 de 2021 (el Acuerdo), a través del cual modificó el Acuerdo 06 de 2020, modificando así los criterios de la...more

Morgan Lewis - Power & Pipes

Delaware River Basin Commission Converts Fracking Moratorium into Permanent Ban

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

Allen Matkins

California Environmental Law & Policy Update - February 2021 #3

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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

Morgan Lewis - Power & Pipes

Department of Energy Predicts Substantial Impact From Fracking Ban

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

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