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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...

FERC’s Reaction to CEQ’s Greenhouse Gas Guidance: For Now, Business as Usual

On June 23, 2015, the Federal Energy Regulatory Commission issued an Order Denying Rehearing, [subscribers can access an enhanced version of this order: lexis.com | Lexis Advance ], of its earlier April 6, 2015 order, [subscribers can access an enhanced version of this order: lexis.com | Lexis Advance...

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...

OMB Begins Review of EPA Proposals to Curb Methane Emissions, Define Major Source

By Meredith Odato Graham In late June the U.S. Environmental Protection Agency (EPA) sent a highly-anticipated proposed rule to the White House Office of Management and Budget (OMB) for interagency review that would address methane emissions in the oil and natural gas sector. Earlier this year, EPA...

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: 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...

Steptoe & Johnson PLLC: Pa. Federal Judge Invalidates Ordinance Governing Oil and Gas Waste Disposal

A federal judge invalidated portions of a “Community Bill of Rights Ordinance” that banned the disposal of waste from oil and gas operations and eliminated the legal rights of corporations in Grant Township, Pennsylvania [ lexis.com subscribers can read the enhanced opinion | Lexis Advance...

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...

Troutman Sanders LLP: FERC Reaffirms Reservation Charge Crediting Policy; Orders Changes to Gas Pipeline Tariff’s Crediting, Force Majeure and Interruption of Service Provisions

On October 15, 2015, FERC issued an order to Algonquin Gas Transmission, LLC rejecting claims that FERC had failed to make specific factual findings to support its conclusion that the existing absence of reservation charge crediting provisions in Algonquin’s tariff was unjust and unreasonable,...