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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...

Ohio Supreme Court Denies Residents’ Writ; Fracking Ballot Initiatives Fail

COLUMBUS, Ohio — (Mealey’s) A divided Ohio Supreme Court on Sept. 16 denied a writ of mandamus sought by residents who wanted to compel the Ohio secretary of State to reverse his decision and place on the November ballots for three counties charter measures that would allow voters to pass...

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...

Babst Calland: Ohio Oil and Gas Commission Issues First Decision on Forced Pooling

By Michael T. Altvater The Ohio Oil and Gas Commission issued its first decision under R.C. 1509.28 to provide for the compulsory pooling of property for oil and gas unit operations. In Gary L. Teeter Revocable Trust v. Division of Oil & Gas Resources Management , the Ohio Oil and Gas Commission...

McNees, Wallace & Nurick LLC: Pennsylvanians Penalized As Companies Are Forced To Waste Money Under Guise Of Energy Efficiency

By Pamela C. Polacek Anyone who has paid an electric bill knows the importance of energy efficiency. Turn off the lights when you leave the room, install energy-saving light bulbs, keep the thermostat at a reasonable temperature: Every day, energy consumers, both individual and corporate, analyze...

Troutman Sanders: FERC Dismisses WIRES’ Petition Requesting New ROE Analysis

By Troutman Sanders LLP On September 16, 2015, the Commission dismissed a petition filed by the Working group for Investment in Reliable and Economic electric Systems (“WIRES”) in which WIRES requested that the Commission institute a generic proceeding to determine whether the Commission’s...

Duane Morris LLP: New York Public Service Commission Staff Supports Continuation of Net Metering

By statute, New York state utilities are required to offer net metering of electricity to generators of certain renewable energy resources, depending on the size of the project. Net metering means that, to the extent that there is surplus energy that is not used by the utility customer on behalf of whom...

Troutman Sanders: EPA Modifies Air Quality Standards for Ozone

By Troutman Sanders LLP On October 1, 2015 the United States Environmental Protection Agency (“EPA”) adopted a more stringent air quality standard for ground-level ozone emissions that reduces the national standard from 75 parts per billion (“ppb”) to 70 ppb. By promulgating...

Babst Calland: Ohio Judge Rules in Favor of Permitting Surveys in NEXUS Pipeline Case

By Michael T. Altvater The Medina County Court of Common Pleas issued a decision allowing surveys to be completed on tracts of land along the proposed NEXUS pipeline route. In Nexus Gas Transmission, LLC v. Houston , the Court ruled that the plain language of Chapter 163 of the Ohio Revised Code provides...

Babst Calland: Rice and Gulfport Enter Into Midstream Joint Venture in Utica Shale

By Brittany A. Roof As reported by Oil and Gas Investor , Rice Midstream Holdings, LLC, a subsidiary of Rice Energy Inc., and Gulfport Energy Corporation have teamed up to build a pipeline gathering and water line system in Ohio’s Utica Shale. Over the next six years, the companies plan to spend...

Steptoe & Johnson PLLC: West Virginia Governor Signs 3-state Agreement Pledging Support for Ongoing Natural Gas Development in the Appalachian Basin

The Tri-State Shale Summit is a collaborative effort on behalf of Pennsylvania, Ohio, and West Virginia to bring together industry leaders to facilitate a discussion on the opportunities in the Marcellus and Utica Shale region. The Summit features engaging and enlightening panels and keynotes on topics...

Troutman Sanders LLP: Wyoming District Court Grants Preliminary Injunction Enjoining BLM from Regulating Hydraulic Fracturing

On September 30, 2015, the U.S. District Court for the District of Wyoming (“District Court”) granted motions for preliminary injunction filed by various states, tribes, and industry members (“Petitioners”) seeking to enjoin the Bureau of Land Management (“BLM”) from...

Troutman Sanders LLP: NERC Submits Wide-Area Analysis on Use of Technical Feasibility Exceptions for CIP Standards

On September 28, 2015, the North American Electric Reliability Corporation (“NERC”) submitted to FERC its annual analysis on the use of Technical Feasibility Exceptions (“TFEs”). TFEs are exceptions from strict compliance with NERC Critical Infrastructure Protection (“CIP”...

Troutman Sanders LLP: FERC Denies Rehearing and Grants Clarification of Order No. 807 Regarding Open Access and Priority Rights on Interconnection Customer’s Interconnection Facilities

On October 15, 2015, FERC issued an order denying rehearing and granting clarification of Order No. 807, which contained regulations and policies regarding open access to and priority rights on Interconnection Customer’s Interconnection Facilities (“ICIF”). Two groups—one including...

DLA Piper Energy Report: U.S. Supreme Court Hears Arguments On FERC Rule

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. • Supreme Court hears “demand-response” arguments on FERC rule. On October 14, the US Supreme Court heard oral arguments...

Babst Calland: Environmental Groups Plan Suit Over Absence of Regulation of Oil and Gas Waste

By Naeha Dixit On August 26, 2015, seven environmental groups sent the U.S. Environmental Protection Agency (EPA) a Notice of Intent to Sue the agency in an attempt to force the agency to develop tailored rules for oil and gas wastes under the Resource Conservation and Recovery Act (RCRA) Subtitle...

Babst Calland: Application for Mountain Valley Pipeline Filed with FERC

By Nikolas E. Tysiak According to the Washington Observer-Reporter , a formal application for the Mountain Valley Pipeline was filed with the Federal Energy Regulatory Commission (“FERC”) last week. The pipeline will extend 301 miles and connect the shale gas fields of northwestern West...

Babst Calland: Federal Court Invalidates Portions of a Local Ordinance, Which Banned the Use of Underground Injection Wells

By Alana E. Fortna On October 14, 2015, the United States District Court for the Western District of Pennsylvania invalidated several provisions of a Grant Township, Indiana County, Pennsylvania local ordinance that was intended to prevent an oil and gas operator from operating an injection well that...

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...

Troutman Sanders LLP: Supreme Court Hears Oral Arguments for FERC’s Demand Response Rule

On October 14, 2015, the U.S. Supreme Court heard oral arguments in Electric Power Supply Ass’n v. FERC regarding FERC Order No. 745, “Demand Response Compensation in Organized Wholesale Energy Markets” [lexis.com subscribers may access Supreme Court briefs for this case | Lexis Advance...

Troutman Sanders LLP: Supreme Court Grants Certiorari of Cases Involving FERC’s Authority Over State Capacity Programs

On October 19, 2015, the United States Supreme Court (“Supreme Court”) granted certiorari for a consolidated case involving the limits of FERC’s jurisdiction when regulating state capacity programs. The cases— Hughes v. PPL EnergyPlus, LLC and CPV Maryland, LLC v. PPL EnergyPlus...

Troutman Sanders LLP: FERC Denies Request for Refund on Polar Vortex Costs

On October 15, 2015, FERC denied Champion Energy Marketing LLC’s (“CEM”) request for a $3.1 million refund of balancing operating reserve (“BOR”) costs assessed by PJM Interconnection, LLC and PJM Settlement, Inc. (collectively “PJM”) related to the polar vortex...

Troutman Sanders LLP: FERC Issues Order Addressing Policies and Procedures for Market-Based Rate Applications for Natural Gas Storage

On October 15, 2015, FERC issued Opinion No. 538 denying ANR Storage Company’s (“ANRS”) application for market-based rates (“MBR”) for natural gas storage service. FERC noted that the matter was the first fully-litigated proceeding where a gas storage provider has sought...