Norton Rose Fulbright: Landmark Constitutional Reforms For The Mexican Energy Sector

By Elisabeth Eljuri | Background Amendments to the Political Constitution of the United Mexican States (the Constitution) providing for reforms to the Mexican energy sector became constitutional on December 16 as the majority of the Mexican state legislatures have approved the decree, which was...

Cadwalader Clients & Friends Memo: FERC and CFTC Reach Agreement on Information Sharing and Jurisdiction

After a fair amount of back-channel arm-twisting, the two agencies with principal (and sometimes overlapping) jurisdiction over energy commodities have reached agreement on two memoranda of understanding (“ MOUs ”) required by the Dodd-Frank Act. On January 2, 2014, the Federal Energy Regulatory...

Foley & Lardner LLP: SolarWorld Files New Anti-dumping And Anti-subsidy Cases Against China And Taiwan Solar Cells

On December 31, 2013, SolarWorld Industries America Inc. petitioned the Department of Commerce and the International Trade Commission to begin antidumping investigations against the People’s Republic of China and Taiwan and a countervailing duty investigation against the People’s Republic...

Babst Calland: Pennsylvania Court Rules Seneca Has Rights On Game Land

By Matthew L. Lambach On January 27 th , 2014, the Commonwealth Court of Pennsylvania overruled in part and sustained in part the preliminary objections of Seneca Resources Corporation (Seneca) to a complaint filed by the Pennsylvania Game Commission (Commission) [ enhanced opinion available to lexis...

Babst Calland: Ohio Trial Courts Issue Additional Rulings on the Dormant Mineral Act

By Michael T. Altvater | Two Ohio trial courts issued new decisions on Ohio’s Dormant Mineral Act (“DMA”) addressing an unsettled issue of law concerning whether the 1989 or 2006 version of the DMA should apply to current disputes over the ownership of severed mineral rights. Both...

Babst Calland: Updates to Ohio’s Proposed Increase of Severance Tax on Natural Resources

By Michael T. Altvater The Ohio House Ways and Means Committee updated House Bill 375, which proposes changes to the severance tax on natural resources. Among the updates are an increase in the proposed severance tax to 2.25% from 2% for horizontal wells, a reduction in the period of time for the...

Babst Calland: EPA Issues Advisory Concerning Design of Newly Constructed Natural Gas Processing Plants

By Jonathan E. Dan The U.S. Environmental Protection Agency (EPA) recently issued an Interim Chemical Accident Prevention Advisory concerning the design of liquefied petroleum gas (LPG) installations at natural gas processing plants. EPA has found that some existing plants were constructed in accordance...

Steptoe & Johnson PLLC: OSHA: Coming to a Drilling Site Near You

By Lindsay M. Bouffard and David E. Dick In an effort to reduce fatalities in the oil and gas industry, OSHA (Occupational Safety and Health Administration) created an Oil and Gas Regional Emphasis Program . This program, implemented in 2012, applies to all worksites in Texas, among other states....

Babst Calland: West Virginia Senate Passes Future Fund Bill

By Ben Milleville The West Virginia Senate unanimously passed Senate Bill 461 , known as The Future Fund Bill, on February 21 st . The Bill, as described in an Associated Press story published in the Charleston Gazette, would create a new fund that would be financed by 25 percent of the severance...

DLA Piper Energy Alert: Federal District Court Decision Appears To Clear Way For Cape Wind

By Robert J. Alessi and Jeffrey D. Kuhn | The Federal District Court in Washington, D.C., has issued a lengthy ruling that appeared to substantially clear the way for Cape Wind, a large proposed offshore wind farm on Horseshoe Shoal in Nantucket Sound south of Cape Cod, Massachusetts. The decision...

DLA Piper Energy Alert: DOE Approves LNG Exports To Non-Free Trade Countries

By Philip Angeli The US Department of Energy has issued an Order granting approval to Jordan Cove Energy Project, L.P. to export liquefied natural gas (LNG) from Jordan Cove’s liquefaction and export terminal in Coos Bay, Oregon, to countries that do not have a free trade agreement with the...

Babst Calland: Advocates From Pa., Ohio, West Virginia Urge Common Approach To Shale Gas Taxation

By Joshua F. Hall As reported by Pittsburgh’s NPR News Station, 90.5 WESA, three advocacy groups, Leaders of Policy Matters Ohio, the Pennsylvania Budget and Policy Center, and the West Virginia Center on Budget & Policy, sent a letter to the governors of Ohio, Pennsylvania and West Virginia...

Babst Calland: EPA Proposes Amendments to Greenhouse Gas Reporting Rule for Petroleum and Natural Gas Systems

By Meredith Odato Graham This week the U.S. Environmental Protection Agency (EPA) published a proposal to amend Subpart W of the greenhouse gas reporting program rules, which affects the Petroleum and Natural Gas Systems source category. According to EPA’s fact sheet , “[t]he proposal...

Steptoe & Johnson PLLC: Court Ruling a Victory for Kentucky Pipeline Eminent Domain Opponents

By J. Kevin West On March 25, 2014, a Circuit Court in Kentucky ruled in favor of those opposed to an interstate natural gas liquids (“NGLs”) pipeline’s potential use of eminent domain under the laws of the Commonwealth of Kentucky. The interstate pipeline is not subject to regulation...

Steptoe & Johnson PLLC: Ohio Court Favors Surface Owner in Dormant Mineral Act Ruling

Walker v. Noon was recently decided by the Ohio Seventh District Court of Appeals. Walker is noteworthy because it is the first appellate level decision addressing the automatic reversion provision under the 1989 version of the Ohio Dormant Mineral Act (ODMA) [ enhanced version available to lexis.com...

Babst Calland: Ohio Decision Results in Victory for Oil and Gas Producers

By Jason M. Zoeller An Ohio trial court issued a decision in Marshall v. Beekay Company . The case involved an action seeking declaratory judgment as to leasehold rights for formations below the Germantown Sand Formation. The court ruled that there was no breach of the implied covenant to reasonably...

Babst Calland: Ohio Appellate Court Enforces Change In Ownership Clause in Lease

By Jessica L. Henry The Fifth District Court of Appeals affirmed the trial court’s decision in Trico Land Company, LLC v. Kenoil Producing LLC , upholding the right to have and enforce a change of ownership clause in an oil and gas lease. The case involved a property subject to a 2008 oil and...

Babst Calland: Natural Gas Fueled Powerplant Planned for Marshall County, West Virginia

By Morgan Condra Plans by Moundsville Power LLC to build a natural gas power plant were approved by members of the Marshall County Commission on April 22, 2014. The proposed 549 megawatt natural gas power plant is considered the first “downstream” project of its kind in West Virginia,...

Babst Calland: Ohio Trial Court Issues Dormant Mineral Act Decision

By Michael T. Altvater A Harrison County trial court issued a decision in a Dormant Mineral Act case addressing the issue of whether a release of an oil and gas lease is a title transaction affecting and preserving a severed mineral interest from being abandoned. The trial court in Schucht v. Bedway...

DLA Piper Climate Change Alert: EPA Announces Carbon Regulations For Existing Power Plants

By Deborah E. Jennings , Andrew B. Schatz and Catherine B. Campbell The Environmental Protection Agency has announced long-awaited regulations to reduce carbon-dioxide (CO 2 ) emissions from existing power plants pursuant to the Clean Air Act. EPA's Clean Power Plan would for the first time establish...

Babst Calland: Energy Transfer Partners Approves Construction of New Marcellus/Utica Pipeline

By Michael T. Altvater Energy Transfer Partners, L.P.’s board of directors has approved the construction of a new pipeline to transport gas to markets in the United States and Canada. The pipeline’s capacity is proposed to transport 2.2 billion cubic feet per day and may be expanded up...

Babst Calland: Ohio Oil and Gas Production Soars

By Michael T. Altvater Oil and gas production increased by 640% from 2012 to 2013 according to a report published by the Ohio Department of Natural Resources. The one year increase was the largest in Ohio history and is the most natural gas that Ohio has produced since 1982. Much of the increase is...

Babst Calland: Pennsylvania House and Senate Pass Budget Without Marcellus Gas Severance Tax

By Matthew L. Lambach Marcellus Drilling News reports that the Pennsylvania House and Senate passed a budget that did not include a Marcellus Shale severance tax. Governor Tom Corbett withheld his signature while he continues to work with lawmakers on pension reform. Copyright 2014 • Babst...

Babst Calland: New York’s Highest Court Upholds Right of Municipalities to Ban Oil and Gas Activities

By Michael C. Murphy Today the New York Court of Appeals issued an opinion affirming local zoning laws adopted by two upstate towns that prohibited oil and gas-related activities within their borders. Specifically, the Court ruled that there was nothing within the plain language, statutory scheme...

Duane Morris LLP: D.C. Circuit Ruling Has Potential Implications for Natural Gas Pipeline and LNG Projects Under FERC Environmental Review

A recent decision by the U.S. Court of Appeals for the District of Columbia Circuit rejected certain portions of an environmental analysis conducted by the Federal Energy Regulatory Commission (FERC or "Commission"). This turn of events is likely to cause anyone with, or planning to have, a...