Proposed Amendments to Cap-and-Trade Extension Bill Could Undermine Program

By Bob Wyman, JP Brisson, Joshua Bledsoe, Andrew Westgate, and Brittany Dryer On April 18, 2017, California Assembly Members Garcia, Holden, and Garcia proposed amendments to Assembly Bill No. 378 (AB 378) that are intended to extend but significantly reshape California’s Cap-and-Trade Program. View Full Post
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Fifth Circuit Upholds “Subsequent Purchaser Rule” for Mineral Leases

By | Drill Deeper | April 24, 2017
On April 18, 2017, the United States Court of Appeals for the Fifth Circuit held in Guilbeau v. Hess Corp. (Docket No. 16-30971) that Louisiana’s subsequent purchaser rule applies to rights arising under mineral leases.  The ruling surely comes to the relief of the oil and gas industry concerned over uncertain liability to third parties with whom oil companies had no privity of contract. View Full Post
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Commodities Taking a Tumble – Are Prices Going Down the Drain?

By | Energy Law Today | April 24, 2017
Drain I am not sure if you have been watching, but the price of oil, gold futures and platinum futures are on the decline, according to Bloomberg Markets. When oil prices drop below that $50 per barrel mark, I have noticed that folks start getting heartburn and start to worry if prices are going down the drain… Although other commodity prices are declining, let’s focus on the price of oil and breakdown the important information concerning the same: According to an article in Bloomberg this morning entitled, Oil Falls Sixth as U.S. View Full Post
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Federal Court Defers to Oklahoma Oil and Gas Oversight, Rejects Sierra Club Bid for Federal Regulation

By | Fracking Insider | April 24, 2017
This post was originally posted on WLF Legal Pulse. In 2016, the Sierra Club filed suit in Oklahoma alleging that use of state-permitted deep wastewater injection wells was causing increased seismic activity—both in frequency and severity.  Sierra Club v. Chesapeake Operating, LLC, et al. View Full Post
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Hearings This Week

By | Fracking Insider | April 24, 2017
  Senate Environment and Public Works Committee hearing on “A Review of the Technical, Scientific, and Legal Basis of the WOTUS (Waters of the United States) Rule.” Wednesday, April 26, 10 a.m. 406 Dirksen Bldg.   House Transportation and Infrastructure — Subcommittee on Railroads, Pipelines and Hazardous Materials hearing on “Building a 21st Century Infrastructure for America: The State of Railroad, Pipeline, and Hazardous Materials Safety Regulations and Opportunities for Reform.” Wednesday, April 26, 10 a.m. View Full Post
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Recent Developments On Interrupting Prescription of Non-Use of a Mineral Servitude

By | Drill Deeper | April 21, 2017
With the Louisiana Second Circuit’s recent opinion in Smith v. Andrews, it seems a good time to revisit the law on interruption of prescription of non-use of mineral servitudes.  In Smith, the landowners attempted a full-frontal, but ultimately unsuccessful assault to have the court rule that a mineral servitude burdening their land had prescribed for non-use.  View Full Post
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FERC Prevails Again in Order No. 1000 Appellate Proceedings

On April 19, 2017, the U.S. Court of Appeals for the D.C. Circuit unanimously upheld the Federal Energy Regulatory Commission’s (FERC) implementation of Order No. 1000 with respect to ISO-New England (ISO-NE). The D.C. Circuit had previously upheld the legality of the order itself in 2014, and the Seventh Circuit upheld FERC’s implementation of Midcontinent Independent System Operator Inc.’s Order No. View Full Post
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EPA Requests Comments On Regulatory Rollbacks

Last week, the US Environmental Protection Agency (EPA) published a request for comment asking for “input on regulations that may be appropriate for repeal, replacement, or modification.” EPA’s request is part of a federal government initiative under Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” which established a federal policy “to alleviate unnecessary regulatory burdens” on the American people. View Full Post
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