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Fulbright & Jaworski LLP: New EPA Report Again Ties Wyoming Water Pollution To Fracking

On October 10, 2012, as a follow-up to its December 2011 draft report concerning allegations of groundwater contamination in Pavillion, Wyoming, the EPA released the methodology and results for additional water samples collected from two monitoring wells by the U.S. Geological Society, in cooperation...

Fulbright & Jaworski LLP: Summit Petroleum: EPA's Aggregation of Oil and Gas Emissions Based on 'Mere Functional Relatedness' is Unreasonable

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit* in Summit Petroleum Corporation v. U.S. Environmental Protection Agency (Nos. 09-4348; 10-4572) [ enhanced version available to lexis.com subscribers ] vacated EPA's order aggregating Summit's sour gas wells and sweetening...

Fulbright & Jaworski LLP Fracking Blog: Federal vs. State Regulation

On September 10, 2012, members of the U.S. House of Representatives' Committee on Natural Resources wrote to Secretary of the Interior Ken Salazar, requesting that the Bureau of Land Management's proposed regulations governing hydraulic fracturing on federal land be made stronger. The group...

Steptoe & Johnson PLLC: EPA Accepting Data Regarding Hydraulic Fracturing Study

By Armando F. Benincasa In an update on its study of the potential impacts of hydraulic fracturing on drinking water resources, the U.S. Environmental Protection Agency (EPA) announced that it would be accepting data and analyses from the public to supplement data which it is already collecting and...

William A. Ruskin: Hydrofracking And The Debate Over Municipal Infrastructure

By William A. Ruskin On February 11, 2013, the IADC conducted a lively, interactive panel discussing the risks and benefits of shale oil and gas extraction at the IADC Mid-Winter Meeting . The panel represented the spectrum of political, regulatory and scientific views on the issue and debated perceived...

Mediation in Oil and Gas Law Disputes

By Lisa C. McManus, Esq. [1] | Discourage litigation. Persuade your neighbors to compromise wherever you can. Point out to them how the nominal winner is often a real loser – in fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man. There...

Babst Calland: Department of the Interior Releases Semiannual Statement Of Regulatory Priorities

By Jonathan E. Dan The Department of the Interior has released its Statement of Regulatory Priorities , a subsection of which highlights the Bureau of Land Management (BLM)’s priorities on energy issues including hydraulic fracturing. BLM’s stated highest regulatory priorities include...

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...

West Virginia State University Designs Energy Management Concentration to Support West Virginia’s Growing Natural Gas Industry

By Briana J. Marino West Virginia State University has developed a new academic program designed to educate the next generation of oil and gas employees, developers, and industrialists in the Appalachian region. WVSU now offers a Concentration in Energy Management associated with its Bachelor of Science...

Steptoe & Johnson PLLC: New York Court of Appeals Upholds Local Zoning Restrictions on Oil and Gas

On June 30, 2014, the New York Court of Appeals ruled that under the “Home Rule” principle, towns may ban oil and gas production activities, including but not limited to hydraulic fracturing, through the use of local zoning laws in the case of Wallach v. Town of Dryden . The Court ruled that...

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...

Steptoe & Johnson PLLC: Ohio Appellate Court Adopts Fixed ‘Look Back’ Period For 1989 Dormant Mineral Act

In the recent 7th District Court of Appeals case of Eisenbarth v. Reusser , 7th Dist. Monroe No. 13 MO 10, 2014-Ohio-3792 [ enhanced opinion available to lexis.com subscribers ], the court determined that the “look back” period for the 1989 Dormant Mineral Act (“DMA”) was fixed...

Steptoe & Johnson PLLC: U.S. EPA Moves Forward with Potential TSCA Rulemaking Regarding Hydraulic Fracturing

By Armando F. Benincasa, Member The public comment period for USEPA’s Advance Notice of Proposed Rulemaking regarding hydraulic fracturing chemicals and mixtures and potential regulation pursuant to the Toxic Substances Control Act (TSCA) came to a conclusion on September 18, 2014 and sets the...

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...

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...

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...

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...

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: 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...

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...

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...