News & Analysis as of

State and Local Government Oil & Gas

Brownstein Hyatt Farber Schreck

Denver City Council Eyes Changes to Slow Gas Station Development

Last week, Denver City Councilmembers Amanda Sawyer, Diana Romero Campbell and Paul Kashmann announced a proposed amendment to the Denver Zoning Code to prohibit new gas stations within a quarter mile from light rail stations...more

Houston Harbaugh, P.C.

The Centerline Presumption – Who Really Owns the Oil and Gas Under Roads and Highways? (Part II)

A troubling and confusing issue here in Pennsylvania concerns the ownership of oil and gas rights under roads and highways. For example, let’s assume Farmer Joe owned 115 acres in Greene County. In 1981, Farmer Joe sells...more

Allen Matkins

California Environmental Law & Policy Update 1.19.24

Allen Matkins on

In a new study, researchers from NYU, Children’s Hospital of Philadelphia, and Defend Our Health have estimated the costs of plastic exposure on the U.S. healthcare system. In 2018, several common endocrine disruptors, a...more

Brownstein Hyatt Farber Schreck

California Ballot Measures: Where Do We Stand?

The March 5 primary is right around the corner in California. Headlining the ballot—alongside a slate full of legislative Democrat-on-Democrat primary battles reflecting significant turnover due to term limits—is Proposition...more

Jones Day

Pennsylvania Court Strikes Down Participation in the Regional Greenhouse Gas Initiative

Jones Day on

On November 1, 2023, the Pennsylvania Commonwealth Court held that the rulemaking entering Pennsylvania into the Regional Greenhouse Gas Initiative ("RGGI") violated the state constitution. The decision upends regulatory...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: V 7, Issue 11, November 2023

Pennsylvania and RGGI – Decision and Resolution - On November 1, 2023, the Commonwealth Court of Pennsylvania, in a five-judge panel decision, issued a long-awaited ruling denying the authority of the executive branch,...more

Allen Matkins

California Environmental Law & Policy Update 9.15.23

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The Biden administration is restoring significant state and tribal authority over water resources and expanding their leverage on infrastructure permitting decisions, including for pipelines. With a final rule announced this...more

Porter Hedges LLP

New Texas Legislation that Restricts Owner-Directed Change Order Rights Takes Effect September 1, 2023

Porter Hedges LLP on

The Texas legislature has passed House Bill 3485 that may limit owner-directed change orders for owner-directed work. The law takes effect September 1, 2023 for contracts entered into on or after September 1, 2023. The...more

Blank Rome LLP

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

Blank Rome LLP on

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

Allen Matkins

California Environmental Law & Policy Update 8.11.23

Allen Matkins on

Monterey County's voter-approved ban on new oil and gas wells is invalid because state law authorizes and promotes oil and gas production, the state Supreme Court ruled unanimously last Thursday. Next year, California voters...more

Foley Hoag LLP - Energy & Climate Counsel

FERC Invites Post-Conference Comments on New England Gas-Electric Forum

The Federal Energy Regulatory Commission (“FERC”) hosted a forum on gas-electricity coordination issues in New England on June 20, 2023.  Now, FERC is seeking post-forum comments addressing items from the forum agenda as well...more

Allen Matkins

California Environmental Law & Policy Update - 7.07.23

Allen Matkins on

The California Air Resources Board (CARB) and the Truck and Engine Manufacturers Association said on Thursday that they had reached an agreement, referred to as the "Clean Truck Partnership," that gives new flexibility for...more

Faegre Drinker Biddle & Reath LLP

Pressure is Rising: Continued Moves to Ban or Limit Natural Gas Appliances

We continue to track litigation and legislations involving proposed or enacted bans or limitations on natural gas appliances. As anticipated, this area continues to evolve, and we are finding increased litigation regarding...more

Morgan Lewis

Delaware Bankruptcy Court Ruling on $7.2B Claim Affects Fraudulent Transfer Defense, Valuation Litigation

Morgan Lewis on

In a decision likely to have a knock-on effect for future fraudulent transfer defense and valuation litigation, the Delaware bankruptcy court recently ruled that the price agreed in the sale of an oil and gas company closed...more

Foley Hoag LLP - Energy & Climate Counsel

Energy Leaders Debate Role of FERC, States, Gas demand, and Renewables in Determining Future of New England LNG Facility

Last week the federal Energy Regulatory Commission (“FERC”) hosted a bevvy of New England state regulators and energy industry stakeholders to discuss potential solutions to electricity and natural gas-related challenges...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights, V 7, Issue 6, June 2023

Balancing Reliability, Affordability, and Renewability in the Energy Transition - Throughout the United States and globally there is an undisputed trend towards renewable energy as much of the world seeks to decarbonize in...more

Allen Matkins

California Environmental Law & Policy Update - 5.12.23 - # 2

Allen Matkins on

The Biden administration proposed new regulations this Thursday that, if enacted, would aggressively limit greenhouse gas emissions from power plants. The move stands to force major changes in the energy sector and is likely...more

Zelle  LLP

Big Oil Certiorari Denial May Alter Climate Change Litigation

Zelle LLP on

By Dennis Anderson and Deepa SutherlandTo read this article in PDF format, please click here. On April 24, the U.S. Supreme Court dealt a heavy blow to Big Oil defendants seeking to remove climate change cases to federal...more

Allen Matkins

California Environmental Law & Policy Update - 4.21.23 #3

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) is considering expanding the number of per- and polyfluoroalklyl substances (PFAS) compounds classified as “hazardous substances” under the Comprehensive Environmental Response,...more

Mintz

Latest Climate Change Tort Lawsuit Brings Civil RICO Claims

Mintz on

Beginning in 2017, an array of state and local governments have pursued tort claims against major fossil fuel producers (e.g., the major oil companies) alleging, inter alia, common law claims of nuisance based upon the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Petroleum Aboveground Storage Tanks/Responsibility for Regulatory Compliance: Administrative Challenge Filed to Pennsylvania...

A question that occasionally arises with petroleum underground storage tanks (“USTs”) and aboveground storage tanks (“ASTs”) is the various parties that may be responsible for complying with the relevant federal and state...more

Zelle  LLP

Insurer Implications As 3 Climate Suits Return To State Courts

Zelle LLP on

After years of litigation over the proper venue for climate change lawsuits, several federal courts of appeal have recently sent those cases to state courts across the nation, where they are now set to move forward. This...more

Allen Matkins

California Environmental Law & Policy Update - April 2022 #4

Allen Matkins on

Biden restores stricter environmental review of big projects under NEPA Bullet Associated Press - April 19 The Biden administration is restoring federal regulations that require rigorous environmental review of major...more

Roetzel & Andress

What is “Reasonable Diligence” Under the DMA? The Ohio Supreme Court Offers More Guidance to Landowners

Roetzel & Andress on

On March 24, 2022, the Ohio Supreme Court reviewed the Ohio Dormant Mineral Act and further clarified the steps a surface owners must take to identify and locate mineral holders before serving notice of abandonment. ...more

Steptoe & Johnson PLLC

West Virginia Legislature Passes Bill Changing Oil and Gas Property Tax Valuation Methodology

Steptoe & Johnson PLLC on

On Friday, March 11, 2022, the West Virginia Legislature passed H.B. 4336, which changes the methodology the State Tax Commissioner utilizes for oil and gas property tax valuation. ...more

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