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Norton Rose Fulbright: Commerce Announces Russian Oil Industry Export Controls

By Stephen M. McNabb , Stefan Reisinger , Kimberly Hope Caine and Gwen S. Green On August 1, 2014, the US Department of Commerce, Bureau of Industry and Security ("BIS") issued a final rule imposing a licensing requirement for the export of a wide range of items to Russia that are intended...

Norton Rose Fulbright: U.S. Proposes Stringent Standards For Rail Transport Of Flammable Liquids

By Eva Fromm O'Brien , Bob Greenslade , Jennifer Blair Caplan , Alan Harvie and Jean Piette On July 23, 2014, the Pipeline and Hazardous Materials Safety Administration ("PHMSA"), an agency within the US Department of Transportation ("DOT"), issued a Notice of Proposed Rulemaking...

Babst Calland: 3 Oil and Gas Bills Pass Pennsylvania Senate Panel

By Elena L. Rorabaugh | A Pennsylvania senate committee recently unanimously approved two bills regarding oil and gas royalty calculations. StateImpact Pennsylvania reported that Senate Bills 147 and 148 were approved by the Senate Environmental Resources and Energy Committee on Wednesday, January...

Babst Calland: Ohio Supreme Court Schedules Oral Argument in Dormant Mineral Act Cases

By Michael T. Altvater The Ohio Supreme Court scheduled oral argument in two significant Dormant Mineral Act (“DMA”) cases. Oral argument has been scheduled on Corban v. Chesapeake Exploration, L.L.C. for May 6, 2015. As previously reported on ShaleEnergyLawBlog, the Corban case is likely...

Babst Calland: Pennsylvania High Court Prohibits Tolling of Oil and Gas Leases During Litigation

By Steven B. Silverman [On Feb. 17], the Pennsylvania Supreme Court issued Harrison v. Cabot Oil & Gas Corp. , a significant opinion in which the Court refused to apply equitable tolling principles that other oil and gas jurisdictions have adopted [ enhanced opinion available to lexis.com subscribers...

Steptoe & Johnson PLLC: Pennsylvania DEP Repurposes Rules for Oil and Gas Wells – Industry Concerns Increase

By Gary E. Slagel | As was previously noted on this blog site, the PA Department of Environmental Protection embarked on an effort several years ago to revise its Chapter 78 rules pertaining to the permitting and environmental issues associated with oil and gas operations. These proposed rules were...

Babst Calland: First Installment of Quadrennial Energy Review Recommends Investment in Energy Infrastructure

By Holly A. Pisanelli The White House recently released a report from the first Quadrennial Energy Review (QER) , focusing on U.S. energy transmission, storage and distribution infrastructure. In January 2014, President Obama directed the administration to conduct the QER as part of his Climate Action...

Steptoe & Johnson PLLC: Kentucky Oil and Gas Modernization Act of 2015 Will Become Effective June 24

By Sarah M. Lange and J. Kevin West e | The Kentucky Oil and Gas Modernization Act of 2015 was enacted by the Kentucky General Assembly during the 2015 Legislative Session and will take effect on June 24, 2015. The legislation provides regulatory certainty to the Commonwealth’s oil and gas industry...

State Net Capitol Journal: Renewable Energy Offsets Collapse Of Coal

The U.S. coal industry has endured a precipitous decline in recent years. A Duke University study indicated that the industry shed 49,530 jobs between 2008 and 2012. U.S. renewable energy, meanwhile, has surged. The Duke study found that wind and solar energy generation provided more than 79,000 direct...

Babst Calland: Ohio Adopts Oil And Gas Regulatory Changes In Its Biennial Budget Legislation

By David E. Northrop Ohio’s biennial budget legislation, House Bill 64 , signed by the Governor on June 30, 2015, includes changes and additions to Ohio’s oil and gas regulatory program appearing in Chapter 1509 of the Revised Code. The changes and additions take effect on September 29...

Babst Calland: Gov. Tomblin Forms The West Virginia Commission On Oil And Natural Gas Industry Safety

By Briana J. Marino On July 9, 2015, Governor Tomblin announced the formation and appointment of members to the West Virginia Commission on Oil and Natural Gas Industry Safety. Publicized during Governor Tomblin’s State of the State address in early 2015, the Commission is charged with “reviewing...

Babst Calland: Pennsylvania Federal Court Holds 1961 Dual Purpose Lease Still In Effect

By Matthew L. Lambach | In the case titled Mason v. Range Res.-Appalachia LLC (2015 U.S. Dist. LEXIS 97471), the United States District Court for the Western District of Pennsylvania recently held that a 1961 oil and gas lease remained in effect pursuant to the terms of the lease [ enhanced opinion...

Troutman Sanders LLP: FERC Office of Energy Projects Issues Best Practices Manual

On July 28, 2012, FERC’s Office of Energy Projects (“OEP”) released a 32-page manual titled “Suggested Best Practices for Industry Outreach Programs to Stakeholders” (“Manual”). In doing so, OEP states that the purpose of the Manual is to identify best practices...

Troutman Sanders LLP: FERC Releases 2015 Energy Primer

On July 27, 2015, FERC released its 2015 version of the Energy Primer: A Handbook of Energy Market Basics (“Energy Primer”). The Energy Primer was developed by staff from the Division of Energy Market Oversight within FERC’s Office of Enforcement. First released in 2012, the Energy...

Troutman Sanders LLP: FERC Holds that Demand Response, Energy Efficiency Resources can Participate in PJM Transition Auctions for New Capacity Product

On July 22, 2015, the Commission determined that demand response and energy efficiency resources should be able to participate in two PJM Interconnection LLC (“PJM”) transition auctions created to implement a new capacity product called Capacity Performance Resources. The Commission found...

Steptoe & Johnson PLLC: EPA Releases Clean Power Plan

By Stephen L. Miller On August 3, 2015, President Obama and EPA Administrator McCarthy released the agency’s Clean Power Plan , regulations designed to significantly reduce CO 2 emissions from power plants, as well as promoting low-emitting power sources and energy efficiency. These sweeping...

Ballard Spahr LLP: President Obama, EPA Announce Final Clean Power Plan to Regulate Power Plant Emissions Connected to Climate Change

President Obama and the U.S. Environmental Protection Agency (EPA) today announced the issuance of the long-anticipated Federal Clean Power Plan, which regulates emission to the atmosphere of carbon dioxide (CO 2 ) from existing fossil fuel-fired electric steam generating units and natural gas-fired...

Babst Calland: Pennsylvania DEP Releases Latest Revisions Of Oil And Gas Rulemaking

By Matthew L. Lambach The Pennsylvania Department of Environmental Protection (DEP) recently announced the draft final revisions to the “Environmental Protection Performance Standards at Oil and Gas Well Sites” rulemaking (Chapters 78 and 78a). Following the most recent round of public...

Babst Calland: Ohio Oil And Gas Commission Affirms Orders Suspending Operation Of An Injection Well Due To Low-Level Seismic Events

By David E. Northrop The Ohio Oil and Gas Commission rendered a decision on August 12, 2015, affirming two orders of the Chief of the Division of Oil and Gas Resources Management that suspended operation of an injection well operated by American Water Management Services in Trumbull County, Ohio....

Cadwalader: Initial Decision Finds that BP Manipulated 2008 Natural Gas Market in Texas

Introduction On August 13, 2015, a Federal Energy Regulatory Commission (“ FERC ” or “ Commission ”) Administrative Law Judge (“ ALJ ”) issued an initial decision in which she found that BP America Inc. et al. (“ BP ”) manipulated the natural gas market...

Babst Calland: EPA Announces Rulemaking Proposal to Curb Methane Emissions from Oil and Gas Sector

By Meredith Odato Graham Today [Aug. 18] the U.S. Environmental Protection Agency (EPA) formally announced its highly-anticipated proposal to regulate methane emissions from the oil and natural gas sector. Specifically, EPA is proposing to amend the New Source Performance Standards (NSPS) rule for...

Babst Calland: Ohio Court Reaches Decision on Lease Forfeiture Action

By Michael K. Reer On August 14, 2015, the Ohio Fifth District Court of Appeals issued a decision in Armstrong v. Chesapeake Exploration, L.L.C. , deciding that the plaintiffs may not pursue an action seeking lease forfeiture based on the nonpayment of oil and natural gas royalties absent an explicit...

Babst Calland: Pennsylvania Court Rules That Gas Lease Was Not Forfeited

By Elena L. Rorabaugh The Pennsylvania Superior Court ruled on Friday that an oil and gas lease was not forfeited by the failure of the operators to pay delay rentals lexis.com subscribers may view the enhanced opinion | Lexis Advance ] . In Dewing v. Abarta Oil & Gas Co. , the landowners (the...

Babst Calland: Pa. Commonwealth Court Reverses Controversial Lycoming County Decision

By Robert Max Junker Earlier [Sept. 14], the Pennsylvania Commonwealth Court issued a unanimous decision in the much-anticipated case of Gorsline v. Board of Supervisors of Fairfield Township , reversing the decision of the Court of Common Pleas of Lycoming County [ lexis.com subscribers may view...

Babst Calland: Pa. Court Upholds Zoning Ordinance Permitting Oil and Gas Well Development In Agricultural/Residential Zoning District

By Lawrence H. Baumiller | On October 21, 2015, Judge Richard McCormick, President Judge of the Westmoreland County Court of Common Pleas, issued a decision and order upholding the validity of Allegheny Township’s zoning ordinance, which permits oil and gas well development in the Township’s...