Skip to main content
Insights
Inflation Reduction Act
EPA Proposes Additional Two-Year Stay of Parts of the Methane Rule
On June 13, 2017, the U.S. Environmental Protection Agency (EPA) issued a pre-publication proposed rule that would grant an additional two-year stay to the effectiveness of certain portions of the 2016 rule establishing methane emissions standards for the oil and...
Offsite Drilling: Lightning Oil v. Anadarko and Its Potential Impact on Offsite Surface Use in Horizontal Drilling
As the global commodity price rout continues, operators have become hypersensitive to increasing efficiencies in order to lower break-even prices. Following a recovery in early 2016, oil prices have remained somewhat range-bound between roughly $45 and $55 per barrel for...
EPA Proposes to Delay the Effective Date of RMP Rule Amendments to 2019
On April 3, 2017, the U.S. Environmental Protection Agency (EPA) published a proposed rule that would delay the effective date of the recent Risk Management Program (RMP) rule amendments to February 19, 2019. 82 Fed. Reg. 16146 (Apr. 3, 2017)...
What Will Be the Fate of PHMSA’s Final Hazardous Liquids Pipeline Rule?
On January 13, 2017, just one week before President Trump’s inauguration, PHMSA released final updates to the Pipeline Safety Regulations applicable to onshore transportation of hazardous liquids (“Final Rule”) . The Final Rule was then subject to the Priebus Memo...
President Trump’s SCOTUS Nominee, Judge Neil Gorsuch, Suggests a Weakening of the Chevron Doctrine With Less Deference to Rulemaking Efforts from EPA, DOI and Other Federal Agencies
On January 31, President Donald Trump selected Judge Neil Gorsuch as his nomination for the United States Supreme Court seat left open by the death of Justice Antonin Scalia nearly a year ago. From an environmental law perspective, it is...
In Line With Recent Precedent, Trump Administration Directs Federal Agencies to Halt New Regulations
As expected, one of President Trump’s first actions after being sworn in to office was to issue a memorandum outlining his administration’s plans for managing new or pending federal regulations. As shown in the Table below, the memorandum from President...
PHMSA Proposes Plans to Revise Volatility Standard for the Transport of Crude Oil
Today, PHMSA released an advanced notice of proposed rulemaking (ANPRM), announcing that it is considering revising the Hazardous Materials Regulations (HMR) to establish vapor pressure limits for the transportation of crude oil and potentially all Class 3 flammable liquid hazardous...
Federal Court Sets Timeline for EPA to Reconsider Regulation of Oil and Gas Waste Under RCRA
In yet another example of the U.S. Environmental Protection Agency (EPA’s) “sue and settle” approach to regulation, in late December 2016, EPA entered into a Consent Decree with an environmental group and agreed to reconsider the Agency’s current treatment of...
Obama Bans Drilling Offshore Atlantic, Arctic – But For How Long?
With a new President on the White House doorstep, President Obama has announced a ban – ostensibly permanent – on offshore oil and gas drilling in federal waters along the Eastern seaboard and offshore Alaska. President Obama appears to be...
PSA and Allocation Wells – The Current State of Play
The Railroad Commission of Texas (the “RRC”) routinely grants drilling permits to operators seeking to drill horizontal wells across multiple leased tracts (or existing pooled units) that are not formally “pooled” together under the pooling clauses in the applicable underlying...
FERC Proposes Clarifications to EQR Requirements
In its September 22 Open Meeting, the Federal Energy Regulatory Commission (Commission) issued a Notice Seeking Comments on Proposed Revisions to Electric Quarterly Report Reporting Requirements (in Docket No. RM01-8-000, et al. ) as part of an ongoing effort to...
Negotiating PSCs - The Dangers of Using Intermediaries
In Monde Petroleum SA v WesternZagros Ltd [2016] EWHC 1472 (Comm), the English Commercial Court has found that a party to a consultancy agreement can become liable for the misrepresentations made by a third party intermediary. Parties negotiating production sharing...
U.S. Drops $562 Million Alternative Fines Act Allegation Against PG&E
Today, the United States requested permission to dismiss its Alternative Fines Act sentencing allegation against PG&E. Under the AFA, a court can impose a criminal fine equal to twice the pecuniary gain to the defendant or twice the pecuniary loss...
What Constitutes a Reasonable and Prudent Operator?
The English Commercial Court interprets the definition of the standard of a "Reasonable and Prudent Operator" in the context of a dispute relating to long term gas sales agreements The phrase "reasonable and prudent operator" is frequently used in commercial...
Egypt: the race to get FiT
The Government of Egypt has said that it must invest US$12 billion in the electricity sector over the next five years in order to meet the country's urgent electricity demands. Renewable energy will be a key component, with investment in...