Inflation Reduction Act
BOEM Finalizes Long-Awaited Overhaul of Offshore Oil and Gas Financial Assurance Regulations
The Bureau of Ocean Energy Management (BOEM) announced its finalization of a rule substantially revising the financial assurance requirements applicable to offshore oil and gas operations. The final rule revises criteria for determining whether oil, gas, and sulfur lessees, right-of-use...
A Line in (and Under) the Sand
Bracewell’s Will Moss and JJ McAnelly address identifying and minimizing subsurface trespass legal risk associated with subsurface carbon dioxide migration in this Texas Bar Journal article.
ExxonMobil Strikes Back: Energy Companies Take a More Proactive Approach to Activist ESG Shareholders
ExxonMobil has filed proceedings in the US District Court for the Northern District of Texas against two shareholders, alleging that proposals seeking an increased pace for reductions in emissions amount to “intrusion” into ExxonMobil's ordinary business operations and should not...
Expert Determination in the Energy Sector – When Will the Courts Intervene?
It is not uncommon for parties to agree that certain disputes should be referred to an expert for determination. However, when those disputes arise, the parties may disagree about the scope of the exercise to be carried out by the...
Offshore Petroleum Licensing Bill: Energy Security at the Forefront of the Government’s Legislative Agenda
On 7 November 2023, the Offshore Petroleum Licensing Bill (the Bill ) was announced as part of King Charles III’s “King’s Speech”, outlining the UK Government’s legislative agenda for the upcoming UK parliamentary session. If enacted, the Bill would require...
Rethinking Safeguards in Arbitration?
In The Federal Republic of Nigeria v Process & Industrial Developments Limited [2023] EWHC 2638 (Comm) the Commercial Court determined that arbitration awards against Nigeria had been obtained by fraud and were contrary to public policy. This decision is of...
Texas UIC Class VI Update: Proposed Amendments to 16 TAC Ch. 5
In Volume 48, Number 26 of the Texas Register , the Railroad Commission of Texas (RRC) published proposed amendments to 16 Texas Administrative Code Chapter 5 (relating to Carbon Dioxide and related storage activities). These proposed rules are essential to...
BOEM Releases Proposed Rule on Supplemental Financial Assurance for OCS Lease and Grant Obligations
On June 29, 2023, the Department of Interior’s Bureau of Ocean Energy Management (BOEM) published a proposed rule that, if adopted, would substantially revise the financial assurance requirements applicable to offshore oil and gas operations. [1] The proposed rule is...
DSAs: Calculating Security and the Role of Expert Determination
Decommissioning. A word familiar to all of those who are involved in oil and gas exploration and production around the globe. It is defined in the Cambridge English Dictionary as “ taking a factory or other industrial building out of...
EPA’s Proposal to Grant Class VI Primacy to Louisiana – Availability of Application Documents
On May 4, 2023, the US Environmental Protection Agency (EPA) published its proposal to approve revision of Louisiana’s Safe Drinking Water Act (SDWA) Underground Injection Control (UIC) program to add Class VI injection well primary enforcement responsibility (primacy) for Class...
Unlikely Allies: Oil and Gas Companies Embrace Renewables and Battery Storage to Meet Global Climate Commitments
Renewable energy has taken center stage in the national energy discussion. Technology and innovation are continuing to progress in the energy sector, and traditional oil and gas companies are embracing clean energy alternatives to assist in powering O&G operations. The...
Environmental Essentials: Updates on Waters of the United States
Ann Navaro , Sara Burgin , and Daniel Pope discussed the latest developments regarding litigation over regulations defining the jurisdiction of the Clean Water Act. Ann, Sara, and Daniel shared insights from recent court decisions and pending litigation over the...
2023 AIEN Model Form JOA Placing ESG Issues at Heart of Oil & Gas Operations
On 16 February 2023, the Association of International Energy Negotiators (“ AIEN ”, formerly the Association of International Petroleum Negotiators or AIPN) published an updated version of its model form joint operating agreement (the “ JOA ”). The AIEN JOA...
Storage Wars: Ownership of Subsurface Salt Cavern Storage Rights
Underground salt caverns are commonly used for the storage of liquids including liquefied hydrocarbons. These caverns are created by solution mining of salt from inside underground salt formations and could play a pivotal role in the growth and development of...
US Supreme Court: Highly Compensated Oilfield Workers Entitled to Overtime
In a closely watched case, 1 the United States Supreme Court held today that a tool pusher in the oil & gas industry, who was paid a day rate of at least $963.00 per day, was not exempt from the...