LexisNexis® Legal Newsroom
Norton Rose Fulbright: UKCS - Offshore Bareboat Chartering – Draft Legislation Published

In the Autumn Statement (5 December 2013), one announcement causing surprise and consternation to the UK North Sea oil and gas sector ( UKCS ) was that a ring fence was to be introduced in relation to certain UKCS profits made by an oil contractor, and that, within that ring fence, a cap was to be imposed...

Steptoe & Johnson PLLC: Mineral Lessees Have Surface Rights Across Non-Producing Pooled Tracts

By Christina A. Denmark, Of Counsel, and Russell L. Schetroma, Member On June 20, 2014, the Texas Supreme Court held that a mineral lessee has the right to use a road to cross the surface of non-producing pooled tracts. This decision is critical for oil and gas producers , as it clarifies the ability...

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...

Babst Calland: Ohio Oil and Gas Production Soars

By Michael T. Altvater Oil and gas production increased by 640% from 2012 to 2013 according to a report published by the Ohio Department of Natural Resources. The one year increase was the largest in Ohio history and is the most natural gas that Ohio has produced since 1982. Much of the increase is...

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: New York Court Dismisses Suits Seeking to Compel State’s Environmental Impact Statement

By Holly A. Pisanelli On July 11, 2014, a New York state trial court dismissed two similar cases in which the plaintiffs sought to compel the State to finalize a Supplemental Generic Environmental Impact Statement (“SGEIS”) pursuant to the State Environmental Quality Review Act (“SEQRA”...

Babst Calland: U.S. EPA Proposes Amendments to Air Rules Affecting Oil and Gas Industry

By Meredith Odato Graham [On July 17] the U.S. Environmental Protection Agency (USEPA) published proposed amendments to federal air regulations at 40 C.F.R. 60, Subpart OOOO (Standards of Performance for Crude Oil and Natural Gas Production, Transmission and Distribution). Subpart OOOO was first promulgated...

Babst Calland: Commonwealth Court Issues Decision On Remaining Issues In Act 13 Case

By Lawrence H. Baumiller In its far-reaching decision in Robinson v. Commonwealth [ enhanced opinion available to lexis.com subscribers ], which was issued on December 19, 2013, the Pennsylvania Supreme Court invalidated several critical provisions of Act 13. Additionally, the Supreme Court remanded...

Babst Calland: Ohio Supreme Court Accepts Dormant Mineral Act Case

By Michael T. Altvater The Ohio Supreme Court will review a key question of state law concerning application of the Dormant Mineral Act (“DMA”). In Corban v. Chesapeake Exploration, LLC , the United States District Court for the Southern District of Ohio certified the following questions...

Babst Calland: Proposed Pa. Legislation Seeks to Require Use of Steel Products Produced in U.S.

By Elena L. Rorabaugh Two pieces of proposed legislation were introduced to the Pennsylvania Senate on Thursday, July 31. Each has been referred to the Senate Environmental Resources and Energy Committee. Senate Bill 1458 , if passed, would amend Title 58 by requiring that steel casings (or other...

New York High Court Asked to Re-hear Arguments in Local Zoning Ban Case

By Michael C. Murphy Citing a recently decided case in Colorado, the bankruptcy trustee for Norse Energy filed a motion in early August urging the New York Court of Appeals to re-hear arguments in the case, [ enhanced version available to lexis.com subscribers ]. In June, the Court of Appeals issued...

State Net Capitol Journal – October 20, 2014; Gas Tax 'On the Table' In NJ

Budget & Taxes GAS TAX 'ON THE TABLE' IN NJ: Since pledging in 2011 to use more cash and less debt to pay for his state's transportation needs, New Jersey Gov. Chris Christie (R) has put only $66 million of the $1.2 billion he pledged to put into the state's transportation fund...

DLA Piper: Mongolia’s New Petroleum Law Now In Effect – Key Points Of Its Investor-Friendly Incentives

By Stewart K. Diana and Battushig Batsuren* In the latest effort by the Government of Mongolia (GoM) to increase foreign investment and accelerate economic activity, the Great Khural, or Parliament, has adopted the Law of Mongolia on Petroleum. The law is already in effect. The new Petroleum Law...

Insurance Coverage Issues in Hydraulic Fracturing

By Walter J. Andrews, Michael S. Levine, and Jennifer E. White, Hunton & Williams LLP Hydraulic fracturing (“fracking”) continues to be a controversial means of energy production. Despite refined fracking techniques and successful fracking operations across the country, numerous...

Council on Environmental Quality (CEQ) Issues Revised Guidance for Climate Change Analysis in National Environmental Policy Act (NEPA) Reviews

By Mr. Al Herson Get the latest analysis on the Council on Environmental Quality's revised draft guidance on climate change analysis in NEPA reviews. The article reviews the major provisions of the draft guidance, including analyzing greenhouse gas impacts of proposed actions and the effects of...

gas pipeline

The Clean Power Plan: A View from FERC, Part II - Infrastructure

By Tricia Caliguire Because I had a seat inside the meeting room at FERC's Clean Power Plan Overview last month, I got a close-up view of the protesters. Most were older (as opposed to the college-student variety), they carried signs, wore matching red t-shirts and, after the first panel concluded...

Environmental Groups Sue Over Applicability of TRI Data

By E. Lynn Grayson A recent lawsuit filed by 10 environmental groups against EPA alleges that EPCRA Section 313 Toxic Release Inventory (TRI) reporting should apply to oil and gas extraction companies. The environmental groups want TRI data regulatory requirements about releases to the environment...

The Keystone XL Pipeline Veto: Much Ado ...

By J. Wylie Donald When one talks of pipelines in recent days one hears nearly an incessant buzz about Keystone XL, as if that is where the real action is. But it isn't, notwithstanding the histrionics over President Obama's veto of S.1, the Keystone XL Pipeline Approval Act. The real action...

Natural Gas Operator Prevails in Air Aggregation Case

In a highly-anticipated decision, the U.S. District Court for the Middle District of Pennsylvania has granted a motion for summary judgment in favor of a Pennsylvania natural gas operator in an air aggregation case filed by a citizen group. The decision was issued on February 23, 2015 in Citizens for...

Public Comment Period on PA Department of Environmental Protection's Oil and Gas Rulemaking Closes May 19

Environmental Client Alert The Pennsylvania Department of Environmental Protection’s (DEP’s) rulemaking regarding surface activities for oil and gas wells, Environmental Protection Performance Standards at Oil and Gas Well Sites (Chapters 78 and 78a), has received a significant amount...

PA Court Declines to Aggregate Separate Compressor Stations

A Pennsylvania Court recently considered whether a genuine issue of material fact exists as to whether the air contamination sources are “adjacent”, thereby rendering a natural gas operators compressor facilities ineligible for GP-5 (minor source) air permits and requiring the natural gas...

PA DEP Public Resource Proposed Rules – Will They Survive?

As reported in my June, 2015 article on this site, the DEP’s Chapter 78 rulemaking effort is not without its share of controversy and concern. Perhaps the biggest issue for the industry is the expansion of the “Public Resource” requirements in proposed Chapter 78 (Conventional Operations...