LexisNexis® Legal Newsroom
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: Avoiding Multimillion-Dollar Liability For De Facto Partnership Breach Under Texas Law: One Useful Tip

By Ileana Blanco After a lengthy trial, a Dallas jury has found that a de facto partnership existed between Energy Transfers Partners, L.P. (ETP) and Enterprise Products Partners, L.P. “to market and pursue a pipeline project to transport crude oil from Cushing, Oklahoma to the Gulf Coast.”...

Steptoe & Johnson PLLC: FERC Takes Further Action to Promote Gas and Electric Industry Coordination

B y Kurt L. Krieger On March 20, the Federal Energy Regulatory Commission (“FERC”) issued three separate but related items as part of FERC’s ongoing efforts to address gas and electric industry coordination issues arising from the increased reliance on natural gas for electricity...

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: 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: Environmental Advocacy Groups Call for National Methane Emission Standards

By Holly A. Pisanelli On September 18, 2014, sixteen of the nation’s largest environmental advocacy groups joined forces in a letter to President Barack Obama calling for national standards aimed at reducing methane emissions from oil and gas operations. The letter urged the U.S. Environmental...

Steptoe & Johnson PLLC: The Impacts of the 2014 Elections on Colorado’s Energy Industry

By Lori A. Dawkins, Member, and Devin C. Daines, Associate The results and impacts of Colorado’s recent elections were widely regarded as positive by those in the energy industry. By narrowly winning a second term, Governor John Hickenlooper will be able to keep intact his oil and gas task force...

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...

Steptoe & Johnson PLLC: Trial Lawyers Targeting Oil and Gas Industry Layoffs

There have already been social media campaigns targeting laid off oil and gas workers. Trial lawyers are looking for claims to bring against companies that make mistakes in laying off workers. On its face, the WARN Act appears to be simple and straightforward. However, there are several traps in that...

This Is Real Law: Collateral Damage: Falling Energy Prices Pose New Risks for Lenders

Where energy prices are going in 2015 is anyone’s guess. According to Goldman Sachs Group Inc. , Barclays and the Tokyo-based Marubeni Corp. , for example, the price of crude oil could soon plummet to $30 per barrel. Other predictions are even more extreme. Oil as cheap as $20 a barrel could be...

Babst Calland: Ohio Supreme Court Accepts Major Oil and Gas Lease Busting Case for Review

By Michael T. Altvater The Ohio Supreme Court accepted jurisdiction over Hupp v. Beck Energy , an important Ohio case involving the interpretation of oil and gas leases. The case involves a challenge by landowners in Monroe County to a standard form oil and gas lease. The landowners argued that the...

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...

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...

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...

Babst Calland LLC: Ohio City Will Not Appeal Court Order Overturning Drilling Ban

By Michael T. Altvater The City of Broadview Heights will not appeal the ruling of the Cuyahoga County Common Pleas Court overturning the city’s voter-approved ban on new oil and gas drilling. The trial court relied on a recent decision from the Ohio Supreme Court in State ex rel. Morrison v...

Steptoe & Johnson PLLC: Fayette County, W. Va., Commission Amends Code to Require Local Approval for UIC Wells

Operators of future underground injection wells in Fayette County, West Virginia will be required to obtain a permit from the county approving the placement of the well. The County Commission amended the development code to require permits for underground injection control (UIC) wells. A public hearing...

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: 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...

DLA Piper LLP Energy Bulletin

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. • President Obama reveals Clean Power Plan. Calling it the “single most important step that America has ever made in the fight...

Babst Calland: EPA Revises Low Pressure Gas Well and Storage Vessel Definitions For NSPS Subpart OOOO

By Meredith Odato Graham The U.S. Environmental Protection Agency (EPA) is revising important definitions in the New Source Performance Standards (NSPS) rule for the oil and gas sector, NSPS Subpart OOOO, in response to stakeholder petitions. In a final rule published today, EPA is revising the definition...

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....

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...

Steptoe & Johnson PLLC: Pa. DEP’s Latest Revisions to Chapter 78a for Unconventional Wells – the Good, the Bad and the Ugly

The Pennsylvania Department of Environmental Protection’s long, drawn out effort to promulgate new rules for oil and gas activities took another turn on August 12, 2015. On a DEP webinar on that day, the DEP announced several significant changes to its latest edition of proposed rules for regulating...

State Net Capitol Journal: New Mexico Gov. Martinez Unveils Energy Plan

New Mexico Gov. Susana Martinez (R) proposed a new “all of the above” state energy policy last week she said would utilize renewable energy sources like wind and solar, traditional fossil fuels like oil and gas and even nuclear power. “New Mexico is one of the most energy-rich and...