LexisNexis® Legal Newsroom
Babst Calland: EIA Reports on Natural Gas Storage Capacity

By Holly A. Pisanelli The U. S. Energy Information Administration (EIA) recently released a report indicating that the overall natural gas storage capacity in the lower 48 states was relatively unchanged between November 2013 and November 2014. The EIA measures natural gas storage capacity in November...

New Federal Fracking Rules Require Chemical Disclosure, Groundwater Protection

WASHINGTON, D.C. — (Mealey’s) Secretary of the Interior Sally Jewell on March 20 announced new regulations for hydraulic fracturing operations on federal lands that will require companies to disclose the chemicals they use and mandate procedures for storing fracking fluid wastewater. U...

Steptoe & Johnson PLLC: Ongoing Political And Legal Developments Impact Marcellus Operations In Pennsylvania

While some jurisdictions (Maryland, New Jersey; municipalities in California and Colorado) are still considering whether to permit or ban hydraulic fracturing, operators in Pennsylvania need not be too concerned about a statewide moratorium anytime soon. However, operators should be aware of ongoing...

Steptoe & Johnson PLLC: West Virginia DOL May Require PEs Working Shale Gas Development To Obtain Contractor License

By Paul A. Konstanty What does this mean to you? If you are currently a Professional Engineer (PE) working in the Marcellus shale, you may now also need to be licensed as a Contractor in the State of West Virginia. Failure to comply means you could be faced with a Cease and Desist Order from the Department...

DLA Piper Energy Alert: Long-Awaited Regulations for Fracking on Federal Land: What They Mean for Business

By: Robert J. Alessi and Jeffrey D. Kuhn This client alert is part of an ongoing series by DLA Piper attorneys on the legal, regulatory and policy issues related to hydraulic fracturing and shale gas production in the US.S. and internationally. On March 20, 2015, the US Department of the Interior’s...

Babst Calland: Pennsylvania DEP Releases 2013 Emissions Inventory for Natural Gas Industry

By Michael K. Reer Earlier this week the Pennsylvania Department of Environmental Protection (DEP) released the 2013 air emissions inventory for the natural gas industry. Operators submit emissions data to DEP on an annual basis. Compared to 2012, the 2013 inventory includes data from 1,590 additional...

Babst Calland: Ohio Appeals Court Reaffirms Decision in Hupp v. Beck Energy Corp.

By Michael T. Altvater The Seventh District Court of Appeals has reaffirmed its prior decision in Hupp v. Beck Energy Corp . [ enhanced opinion available to lexis subscribers ]. In Belmont Hills Country Club v. Beck Energy Corp. [ enhanced opinion ] and Bentley v. Beck Energy Corp [ enhanced opinion...

Texas Governor Signs Law Preempting Local Fracking Regulations

AUSTIN, Texas — (Mealey’s) Texas Gov. Greg Abbott on May 18 signed a bill that preempts regulation of hydraulic fracturing at the city level, overriding the fracking ban that was passed last year in a referendum that was approved in the City of Denton. Property Rights In a statement...

Steptoe & Johnson PLLC: EPA Proposes Zero Discharge Rule For Hydraulic Fracturing Wastewater

On April 7, 2015, the United States Environmental Protection Agency (EPA) issued proposed regulations which would create pretreatment standards of performance for existing and new sources of wastewater from hydraulic fracturing operations. EPA is proposing to establish a “zero discharge”...

Troutman Sanders: IRS Releases Updated Guidance Further Clarifying ‘Beginning of Construction’ For Renewable Energy Facilities

On March 11, 2015, the Internal Revenue Service (IRS) issued Notice 2015-25, which updates its prior guidance to reflect the extension of the beginning of construction deadline for the PTC and ITC made by the Tax Increase Prevention Act of 2014 (TIPA). TIPA extended the deadline from January 1, 2014...

Troutman Sanders: Southern Co. Teams Withy Tesla On Powerwall

The Atlanta Business Chronicle (5/28, Couret, Subscription Publication, 130K) reports that “at its annual stockholders meeting on Wednesday,” Southern Company reported that it has entered into an agreement with Tesla to “test commercial-scale battery storage.” The article points...

Troutman Sanders: FERC Offers EPA Advice On Commission’s Potential Role In Clean Power Plan

On May 15, 2015, the FERC commissioners sent a letter to the Environmental Protection Agency (“EPA”) addressing two areas where FERC could contribute to maintaining reliability under EPA’s Clean Power Plan (“CPP”). FERC’s letter was in response to EPA’s Acting...

Troutman Sanders: FERC Approves Novel NOA Amendment To Address Network Upgrades Required Solely To Accommodate QFs Siting In Constrained Areas

In an order issued May 21, 2015, FERC approved an amendment to PacifiCorp’s Network Operating Agreement (“NOA”) between PacifiCorp and its merchant function, PacifiCorp Energy, allowing for a new planning redispatch protocol. The amendment prevents the need for PacifiCorp to build network...

Troutman Sanders: SCE&G Reaches Settlement On $37M Program To Expand Solar Projects In South Carolina

The Charlotte Business Journal reports that S.C. Electric & Gas, the SCANA Corp. (NYSE:SCG) subsidiary that has about 660,000 electric customers, has reached an agreement with consumer and renewable-energy advocates on a $37 million program designed to get 84.5 megawatts of solar on its system by...

Babst Calland: Pennsylvania Governor Tom Wolf Creates Task Force on Pipeline Infrastructure Development

By Joshua F. Hall On May 27, 2015, Pennsylvania Governor Tom Wolf announced the formation of a task force to help the Commonwealth, the natural gas industry and communities partner for the development of new pipeline infrastructure to allow natural gas and related byproducts to more effectively reach...

Babst Calland: EPA Issues New Rule on Definition of Waters of the United States

By Abigail Faulkner Jones On May 27, 2015, the United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (Corps) released the long-awaited final rule redefining the extent of the agencies’ jurisdiction over “waters of the United States” (WOTUS...

Oklahoma Governor Signs Law Prohibiting Fracking Bans

OKLAHOMA CITY — (Mealey’s) Oklahoma Gov. Mary Fallin on June 1 signed a law that establishes the Oklahoma Corporation Commission as the “sole regulator” of the state’s oil and gas industry and prohibits local municipalities from passing bans on hydraulic fracturing operations...

DLA Piper: EPA Report Finds No Evidence Fracking Causes Widespread Impacts On Drinking Water

By: Robert J. Alessi and Jeffrey D. Kuhn | This client alert is part of an ongoing series by DLA Piper attorneys on the legal, regulatory and policy issues related to hydraulic fracturing and shale gas production in the US and internationally. The US Environmental Protection Agency has issued a...

Babst Calland: New York Formally Bans High-Volume Hydraulic Fracturing To Develop Marcellus Shale

By Michael C. Murphy | On June 29, 2015, the New York State Department of Environmental Conservation issued its Findings Statement which officially prohibits high-volume hydraulic fracturing to develop natural gas resources in the Marcellus Shale. The issuance of the Findings Statement concludes a...

Ballard Spahr LL:P: Hawai’i Enacts Legislation Creating Community-Based Renewable Energy Program

By Howard H. Shafferman and Katie Leesman A law that could significantly expand access to renewable energy generation in Hawai’i through a new community-based renewable energy program was approved by Governor David Ing on June 8, 2015. While the new law is couched in terms of “renewable...

Ballard Spahr LLP: Penn Study Unlikely To Result In Flood Of Fracking Lawsuits

By Harry Weiss and Philip N. Yannella | A recently released study from scientists at the University of Pennsylvania suggests a link between hydraulic fracturing ("fracking") for gas and oil and cardiac and neurological illnesses. Whether the report triggers a rash of lawsuits is an open...

Troutman Sanders: AWEA Petitions FERC to Significantly Reform Pro Forma Generator Interconnection Procedures and Agreement

On July 7, 2015, the Commission issued a notice calling for comments on a Petition for Rulemaking filed by the American Wind Energy Association (“AWEA”) on June 19, 2015 in Docket No. RM15-21-000. In its petition, AWEA requested that the Commission initiate a rulemaking to significantly amend...

Babst Calland: Ohio Adopts Horizontal Well Site Construction Rules

By David E. Northrop The Ohio Department of Natural Resources (ODNR), Division of Oil and Gas Resources Management has adopted rules requiring the approval of plans for horizontal well sites prior to the construction or material modification of the sites. The rules, codified at OAC 1501:9-2-01, 1501...

DLA Piper Asia-Pacific Energy Sector Update: Financing Renewable Energy Projects

Despite scepticism around climate change in certain countries in the region, we continue to see growing investment in renewable energy and carbon reduction technologies across the Asia Pacific. Our current mandates include renewable energy projects across the renewable spectrum - solar, wind, biofuels...

EPA Inspector General Reports on Hydraulic Fracturing Regulators

By Michael K. Reer The U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) recently released a report entitled, “ Enhanced EPA Oversight and Action Can Further Protect Water Resources From the Potential Impacts of Hydraulic Fracturing .” The report evaluates how...