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PEN-e: Pace Environmental Notes

Pace Environmental Notes - electronic edition highlights new documents and events in the areas of Environmental Law, Energy Law, and Land Use Law.

http://paceeenvironmentalnotes.blogspot.com/

Sep 3
Pace Law Library Announces Environmental Note

Pace Law Library Announces Environmental Note

Dear Readers,We are thrilled to introduce Environmental Notes, a new feature on the Pace Law Library Blog, edited by Environmental Law Librarian and Adjunct Professor of Law, Taryn L. Rucinski. PEN-e has provided you with…
Aug 19
PEN-e to Transition to the Pace Law Library Blog

PEN-e to Transition to the Pace Law Library Blog

Dear Readers,We are thrilled to announce that this summer the PEN-e Blog will be transitioning to a feature on the Pace Law Library Blog http://library.blogs.law.pace.edu/. Readers can expect new more substantive content on…
Jun 6
World Bank Report Released: Global Tracking Framework

World Bank Report Released: Global Tracking Framework

Recently, the World Bank, a partnership established in 1944, that provides "financial and technical assistance to developing countries around the world" released a report titled, Global Tracking Framework v. 3 No. 7789 (2013). According to…

Rank this Week: 457

Legal Planet

Covers environmental law and policy. By Berkeley Law and UCLA Law.

http://legalplanet.wordpress.com/

Sep 18
Renewables and Republicans in the Rustbelt

Renewables and Republicans in the Rustbelt

When people think of the rustbelt, they think of places like Cleveland, Gary, and Detroit. Ohio, Indiana, and Michigan form a cluster of states under solid Republican control, Republicans controlling the governor’s mansion and…
Sep 18
Zinke’s Report Recommends Downsizing or Loosening Restrictions in 10 National Monument

Zinke’s Report Recommends Downsizing or Loosening Restrictions in 10 National Monument

Late last night, the Washington Post reported that Secretary Ryan Zinke had recommended making changes–by downsizing and/or by loosening restrictions–to a total of 10 national monuments. The list of monuments goes beyond what had…
Sep 15
News Flash: 10th Cir. Rebukes Government Over Coal Lease

News Flash: 10th Cir. Rebukes Government Over Coal Lease

In an important ruling this morning, the Tenth Circuit rejected the government’s assertion that it could ignore carbon emissions tied to renewing coal leases. In WildEarth Guardians v. BLM, the court also rejected the mining…

Rank this Week: 548

LNG Law Blog

Covers federal regulation, state and local issues, marine regulation, pipelines, markets and competition and more. By Sutherland Asbill & Brennan.

http://www.lnglawblog.com

Sep 15
DOE Approves Eagle Maxville LNG Export

DOE Approves Eagle Maxville LNG Export

Today, the U.S. Department of Energy (DOE) issued an order authorizing Eagle LNG Partners Jacksonville II LLC (Eagle Maxville) to export over 20 years up to 2.8 Bcf/year (0.01 Bcf/day) of LNG to nations with and without a Free Trade…
Sep 15
DOE Releases LNG Export Data through July 2017

DOE Releases LNG Export Data through July 2017

The U.S. Department of Energy (DOE) has released data on U.S. LNG imports and exports for the period February 2016 through July 2017. The top five recipients of exported LNG from the United States, and the percentages of the total amount of…
Sep 14
Netherlands to Receive Second Sabine Pass LNG Cargo

Netherlands to Receive Second Sabine Pass LNG Cargo

Reuters reports that a second cargo of LNG loading at Cheniere Energy’s Sabine Pass LNG terminal in Cameron Parish, La. is expected to arrive in the Netherlands in early October. The first shipment of LNG to the Netherlands from…

Rank this Week: 882

Subject to Inquiry

Looks at white collar, congressional, SEC, energy enforcement and other government inquiries. By McGuireWoods.

http://www.subjecttoinquiry.com/

Sep 8
Will Supreme Court Narrow The Broadest Tax Crime?

Will Supreme Court Narrow The Broadest Tax Crime?

In the October 2017 term, the Supreme Court will take up its first criminal tax case in almost a decade, Marinello v. United States. At issue is a longstanding circuit split about a mainstay of the federal government’s arsenal in…
Aug 7
Recent Privilege Decision Raises Questions for Internal Investigation

Recent Privilege Decision Raises Questions for Internal Investigation

A recent federal district court case raises significant issues regarding privilege that should be on the radar of any in-house or outside counsel conducting an internal investigation with the goal of producing a public report. As discussed in…
Jul 28
Ninth Circuit Ruling Weakens Materiality Standard under the FCA

Ninth Circuit Ruling Weakens Materiality Standard under the FCA

Last year in Universal Health Services, Inc. v. United States ex rel. Escobar et al. (discussed on this blog), the Supreme Court reminded litigants that the False Claims Act “is not an all-purpose antifraud statute.” In that case,…

Rank this Week: 985

Law of the Lands - Farm, Energy…

Law of the Lands - Farm, Energy and Enviro Law

Provides legal information of interest to landowners in the areas of agriculture law, energy law and environmental law. By John Goudy.

http://landownerlaw.blogspot.com/

Aug 31
Claim for contamination damages against MOECC allowed to proceed

Claim for contamination damages against MOECC allowed to proceed

In September, 1990, an oil spill occurred on a property owned by Shell. The spill released approximately 9,000 litres of oil, and clean-up measures were undertaken. Nearly 23 years later, in the spring of 2013, a neighbouring…
Jul 26
Supreme Court dismisses First Nation's appeal of Enbridge Line 9 Reversal

Supreme Court dismisses First Nation's appeal of Enbridge Line 9 Reversal

The Supreme Court of Canada released its decision today in the Chippewas of the Thames First Nation (COTTFN) appeal of the National Energy Board ("NEB") approval of the Enbridge Pipelines Inc. Line 9 Reversal Project. The Court has…
Jun 27
Seller's Family's remorse not grounds to set aside farm transaction, says Alberta Court

Seller's Family's remorse not grounds to set aside farm transaction, says Alberta Court

Several years ago, a young couple purchased farm land from an 86 year old man, a bachelor most of his life (the "Vendor"). The couple had leased the land for a number of years, and paid about $600,000 for two quarter sections (160 acres…

Rank this Week: 615

Offshore Winds

Covers the marine and energy business. By King Krebs & Jurgens.

http://www.offshorewindsblog.com

Jul 5
Greek Shipowners Extend Voluntary Tax

Greek Shipowners Extend Voluntary Tax

Greek shipowners have agreed to extend a voluntary tax contribution to the Greek government, which I previously blogged about, for an additional year due to the fact that Greece is still struggling with its debt crisis. Members of the Union…
Jun 28
Is There a Coming Sea Change in the Analysis of whether Energy Services Contracts Are Maritime?

Is There a Coming Sea Change in the Analysis of whether Energy Services Contracts Are Maritime?

In 1990, the U.S. Fifth Circuit rendered its decision in Davis & Sons, Inc. v. Gulf Oil Corp., through which the Court attempted to harmonize the existing state of the law to determine whether a contract to supply a work barge and crew to…
May 25
“Last Employer Rule” in Occupational Disease Addressed by Fifth Circuit

“Last Employer Rule” in Occupational Disease Addressed by Fifth Circuit

On May 17, 2017, the United States Court of Appeals for the Fifth Circuit rendered a decision affirming an Administrative Law Judge’s decision in Bollinger Shipyards, Inc., et al. v. Director, OWCP, et al., No. 16-60370. This…

Rank this Week: 1093

Iowa Law Blog

Covers business, employment, trust & estates family, real estate, regulatory compliance and utility law. By Sullivan & Ward, PC.

http://www.iowa-lawblog.com/

Apr 14
The Implementation of Electronic Filing in the Court

The Implementation of Electronic Filing in the Court

In this day of technology, it is no surprise that the court systems are moving to using an Electronic Document Management System (EDMS for short) for parties to file documents with the Court, without even setting foot in the Courthouse. The…
Apr 14
Service by Facebook?

Service by Facebook?

A New York judge recently entered an Order allowing a woman to serve her husband divorce papers via Facebook. In Iowa, generally, a competent adult must accept service or be served in-person in order accomplish proper…
Mar 19
Interactive Process in Action

Interactive Process in Action

If you’re not sure what the interactive process is supposed to look like under the ADA, peruse the facts of the 8th Circuit’s decision in Minnihan v. Mediacom. I’m also going to summarize the facts below, but if you…

Rank this Week: 748

Focuses on the legal issues impacting the fracking industry in response to the increasing importance of natural gas and shale, in particular, in the US energy mix. Provides commentary and analysis on all aspects of exploring and producing this abundant resource including regulatory, environmental and legislative developments. By Norton Rose Fulbright.

http://www.hydraulicfrackingblog.com/

Sep 18
Delaware River Basin Commission to Consider Fracking Ban

Delaware River Basin Commission to Consider Fracking Ban

On Wednesday, the Delaware River Basin Commission voted to begin the rule making process that could lead to a fracking ban in parts of New York, New Jersey, Pennsylvania, and Delaware. The Commission, which regulates the Delaware River…
Aug 2
INEOS granted second UK exploratory drilling permit

INEOS granted second UK exploratory drilling permit

On 18 July 2017, INEOS was granted an environmental permit to drill an exploratory borehole to take core shale samples at a site near Common Road, Harthill, South Yorkshire. It was the second permit granted by the Environment Agency (EA) to…
Jul 30
US BLM plans to rescind Obama-era fracking rule

US BLM plans to rescind Obama-era fracking rule

The US Bureau of Land Management on Tuesday issued a proposed rule that would rescind Obama-era fracking regulations. The regulations, which were promulgated in 2015 and related to hydraulic fracturing on federal and tribal lands, had never…

Rank this Week: 1246

Renewable + Law

The climate policy, renewable energy, and sustainability blog. By Stoel Rives, LLP.

http://www.lawofrenewableenergy.com/

Sep 18
Recent Federal Actions to Streamline the NEPA Proce

Recent Federal Actions to Streamline the NEPA Proce

There has been a string of actions in the past few weeks addressing the federal government’s policy goal of streamlining the NEPA review process. Although a number of actions have been taken, it presently boils down to this: …
Sep 13
ITC Prepares to Vote on the Suniva/SolarWorld proceeding re Crystalline Silicon Photovoltaic Cell

ITC Prepares to Vote on the Suniva/SolarWorld proceeding re Crystalline Silicon Photovoltaic Cell

As we approach the critical September 22 vote of the U.S. International Trade Commission (ITC) for the U.S. solar industry, here is a brief review of how we arrived at this point and what to expect. This vote will constitute the…
Aug 30
What is FPA Section 203(a)(1)(B)? American Transmission Company Reminded Us.

What is FPA Section 203(a)(1)(B)? American Transmission Company Reminded Us.

The US Treasury will soon be $205,000 richer due to the payment of a civil penalty by American Transmission Company (ATC) related to violations of sections 203 and 205 of the Federal Power Act. ATC’s compliance failure stems from…

Rank this Week: 4164

Nimonik

Covers Canadian environmental and energy law.

http://www.nimonik.com/blog/

Sep 18
Use a Quality Manual not an Encyclopedia: Creating the Foundation of an Effective IATF 16949 Quality Management System

Use a Quality Manual not an Encyclopedia: Creating the Foundation of an Effective IATF 16949 Quality Management System

Free Webinar IATF 16949: 2016 Creation, Implementation, Maintenance and Improvement Tuesday, October 31, 2017 Presenter: Michael Wolfe, IATF 16949: 2016 Auditor and expert, McDaeGroup (Note: Please send any questions related to the IATF:…
Sep 12
New Email Options for Account Administrators!

New Email Options for Account Administrators!

Nimonik Offers weekly Tasks emails to help users keep on top of their upcoming and overdue tasks. Administrators have already been receiving such updates for Unassigned Tasks, but now they will receive updates on ALL upcoming and overdue…
Sep 11
Best Practices: Automotive Internal Quality Audits Based on IATF 16949: 2016

Best Practices: Automotive Internal Quality Audits Based on IATF 16949: 2016

Free Webinar IATF 16949: 2016 Creation, Implementation, Maintenance and Improvement Tuesday, October 31, 2017 Presenter: Michael Wolfe, IATF 16949: 2016 Auditor and expert, McDaeGroup (Note: Please send any questions related to the IATF:…

Rank this Week: 3808

Energy Law Today

By Fox Rothschild LLP.

https://energylawtoday.foxrothschild.com/

Sep 18
Status Update: The Paris Agreement

Status Update: The Paris Agreement

Those of you who know me know that Wyoming is my first love and Paris is my second – but that is not why Paris is on my mind today. Instead, it is on my mind because of a big breakfast meeting that going on this morning involving…
Aug 28
A Point of Clarification: Barrels of Oil are not being “Lost” to Hurricane Harvey

A Point of Clarification: Barrels of Oil are not being “Lost” to Hurricane Harvey

This morning, I read a confusing article that made it sound like barrels of oil were somehow lost or permanently gone due to Hurricane Harvey. There are many misconceptions in the energy sector, so here is my attempt to nip this one in…
Aug 23
Fox Sponsors Beaver County Chamber of Commerce Program “Doing Business in the Era of Shell”

Fox Sponsors Beaver County Chamber of Commerce Program “Doing Business in the Era of Shell”

A sold-out audience attended the Beaver County Chamber of Commerce program “Doing Business in the Era of Shell” yesterday at the Club at Shadow Lakes in Aliquippa, PA. The program featured 3 speakers with real-life local…

Rank this Week: 1264

FERCBlog

Features reports and analysis of recent happenings at the Federal Energy Regulatory Commission.

http://www.fercblog.com

Sep 17
FERC Finds Against New York in Millennium Pipeline Proceeding

FERC Finds Against New York in Millennium Pipeline Proceeding

FERC finds against New York in Millennium Pipeline proceeding. On September 15, 2017, FERC issued a declaratory order finding that the New State Department of Environmental Conservation (“NYDEC”) waived its water quality…
Sep 3
CAISO Tariff Proposal Divides New FERC

CAISO Tariff Proposal Divides New FERC

CAISO tariff proposal divides new FERC. On September 1, 2017, FERC in a 2-1 decision, found the California Independent System Operator Corporation’s (CAISO) Open Access Transmission Tariff (OATT) amendment proposal unjust and…
Aug 16
CPV Towantic Change in Upstream Ownership

CPV Towantic Change in Upstream Ownership

CPV Towantic change in upstream ownership made prior to the 785 MW combined cycle natural gas-fired electric generating facility begins commercial operation. The facility is expected to begin generating electricity in the second quarter of…

Rank this Week: 2007

The Energy Law Blog

Covers oil and gas exploration, development, and marketing on the Gulf Coast. By Liskow and Lewis.

http://www.theenergylawblog.com/

Sep 15
SEC Publishes New Guidance on Investment Adviser Advertising

SEC Publishes New Guidance on Investment Adviser Advertising

The SEC published new guidance on RIA advertising yesterday in a National Exam Program Risk Alert dated September 14, 2017 (https://www.sec.gov/ocie/Article/risk-alert-advertising.pdf). The Risk Alert is entitled “The Most…
Sep 8
The Fifth Circuit’s Decision in In Re: DePuy Orthopaedics, Inc., et al, Illustrates the Possibility that Even When You Lose a Writ of Mandamus, You May Still Win

The Fifth Circuit’s Decision in In Re: DePuy Orthopaedics, Inc., et al, Illustrates the Possibility that Even When You Lose a Writ of Mandamus, You May Still Win

Faced with the prospect of having to defend another costly test-case trial in a multidistrict litigation proceeding involving over 9,000 plaintiffs, the defendants (petitioners before the Court of Appeals) filed a writ of mandamus challenging…
Aug 31
IRS Announces Plan Loans, Hardship Distributions Relief For Victims Of Hurricane Harvey

IRS Announces Plan Loans, Hardship Distributions Relief For Victims Of Hurricane Harvey

On August 30, 2017, in Announcement 2017-11, the IRS provided retirement plan loan and distribution relief from retirement plans described in Code Sections 401(a) (including 401(k) plans), 403(a), 403(b), and governmental eligible deferred…

Rank this Week: 4107

BRAG Biobased Products Blog

Covers regulatory, legal, policy, and business developments regarding sustainable chemicals, biofuels, renewable feedstocks, green chemistry, and other developing technologies. By Bergeson & Campbell, P.C.

http://blog.braginfo.org/

Sep 15
DOE Announces $8.8 Million In Funding For Algae Technology Innovation Project

DOE Announces $8.8 Million In Funding For Algae Technology Innovation Project

By Kathleen M. Roberts On September 8, 2017, the U.S. Department of Energy (DOE) selected an additional four Productivity Enhanced Algae and Toolkits (PEAK) projects to receive up to $8.8 million. The projects aim to develop…
Sep 15
Ontario Announces $25.8 Million In Funding Available For Low Carbon Innovation

Ontario Announces $25.8 Million In Funding Available For Low Carbon Innovation

By Kathleen M. Roberts On August 29, 2017, the government of the province of Ontario, Canada announced $25.8 million has been allocated to the Low Carbon Innovation Fund (LCIF) as a part of the province’s Climate Change Action…
Sep 15
AkzoNobel, Itaconix Announce Development Of Biobased Chelate

AkzoNobel, Itaconix Announce Development Of Biobased Chelate

By Lauren M. Graham, Ph.D. On September 5, 2017, AkzoNobel, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), announced that its Specialty Chemicals business signed an application agreement with Itaconix to…

Rank this Week: 2402

Energy and Natural Resources Blog

Covers energy law, public utilities, and environmental law. By Lewis Roca Rothgerber Christie.

https://blog.lrrc.com/energy/

Sep 14
DAPL Developer Sues Environmental Group

DAPL Developer Sues Environmental Group

In a remarkable development around the contentious Dakota Access Pipeline (DAPL), the developer of the project, Energy Transfer Equity and Energy Transfer Partners, sued the environmental groups that opposed DAPL. Energy Transfer sued …
Aug 30
United States May Be Liable as an “Owner”, but not as an “Arranger”, at Former Mining Sites on Federal Property

United States May Be Liable as an “Owner”, but not as an “Arranger”, at Former Mining Sites on Federal Property

In a decision that opens the door for Superfund claims against the United States on Forest Service and BLM lands, the Tenth Circuit Court of Appeals recently ruled that the United States federal government may be liable for clean-up costs at…
Aug 18
The Eclipse Will Test Utilities’ Solar Grid Integration

The Eclipse Will Test Utilities’ Solar Grid Integration

On Monday, August 21, 2017, a total solar eclipse will sweep across the continental United States from Oregon to South Carolina. A solar eclipse occurs when the moon moves between the Earth and the sun, thereby obscuring the sun from…

Rank this Week: 1403

Oil and Gas Lawyer Blog

Covers oil, gas and mineral law topics, including pooling, surface damages, lessor's remedies and lease bonuses. By John McFarland.

http://www.oilandgaslawyerblog.com/

Sep 14
Supreme Court Considers Two Cases on Retained Acreage Clause

Supreme Court Considers Two Cases on Retained Acreage Clause

The Texas Supreme Court has reconsidered its decision not to hear two appeals involving retained acreage clauses: XOG Operating, LLC v. Chesapeake Exploration Limited Partnership, No. 15-0935, and Endeavor Energy Resources, L.P. v. Discovery…
Sep 8
Permian Basin Well Density

Permian Basin Well Density

From UT Austin Bureau of Economic Geology, Credit: Bridget Scanlon. Click to enlarge.
Sep 6
New Challenge to Pipeline Eminent Domain Power

New Challenge to Pipeline Eminent Domain Power

Landowners in Texas challenged the right of pipelines to condemn easements for intrastate lines in Texas in Texas Rice Land Partners, Ltd. v. Denbury Green Pipeline-Texas, LLC, decided in 2011. The Texas Supreme Court held that a pipeline…

Rank this Week: 3861

Energy & the Law

Covers energy policy, eminent domain, hydraulic fracturing, and royalty disputes. By Looper Reed & McGraw P.C.

http://www.energyandthelaw.com

Sep 13
Informal Description Dooms Oil and Gas Lease

Informal Description Dooms Oil and Gas Lease

Conoco Phillips Company v. Ramirez et al is a helpful reminder when preparing a document transferring title: “Family vernacular” is a great way to communicate in wedding toasts and funeral eulogies, not so much in land…
Sep 6
Harvey and Climate Change, and Consideration of a Retained Acreage Clause

Harvey and Climate Change, and Consideration of a Retained Acreage Clause

Co-author Chance Decker You’ve seen the headlines. The portrait is complete; the verdict is in; the clock has run down to zero. The devastation of Harvey is “unprecedented” and it’s all because of climate change.…
Aug 30
Hurricane Harvey and Oil and Gas Operations – What To Do

Hurricane Harvey and Oil and Gas Operations – What To Do

In light of the adverse effects the storm, floods and tornadoes will have on oil and gas production, transportation and processing operations, we offer several bits of advice: Force majeure Winds and floods are among the very…

Rank this Week: 3253

Fracking Insider

Covers federal policy and regulatory developments related to hydraulic fracturing. By Kelley Drye & Warren LLP.

http://www.frackinginsider.com

Sep 12
Energy Hearings This Week

Energy Hearings This Week

House Science, Space and Technology Committee hearing on “Resiliency: The Electric Grid’s Only Hope.” Date: Tuesday, Sept. 12, 10 a.m. Place: 2318 Rayburn Bldg. Witnesses: Walt Baum, executive director of the Texas Public…
Sep 5
Hearings This Week

Hearings This Week

House Science, Space and Technology — Subcommittee on Environment and Subcommittee on Oversight joint hearing on “Examining the Scientific and Operational Integrity of EPA’s IRIS (Integrated Risk Information System)…
Aug 24
U.S. Targets Chinese and Russians for North Korea Dealing

U.S. Targets Chinese and Russians for North Korea Dealing

This post was written by Robert Slack and originally posted on Kelley Drye’s Trade and Manufacturing Monitor Blog. The Office of Foreign Assets Control (OFAC) designated 16 parties as Specially Designated Nationals (SDNs) today,…

Rank this Week: 3647

The Contingency

Insights on sharing the risks and rewards of high-stakes business disputes. By Barry Barnett.

http://www.thecontingency.com

Sep 4
Multiples for Pharma Buyers Pursuing Opt-Out Antitrust Claim

Multiples for Pharma Buyers Pursuing Opt-Out Antitrust Claim

Existential threshold The number of companies that can bring treble-damages claims against drug manufacturers for violating federal antitrust law has dwindled. The scarcity has grown so acute that last week it crossed an existential…
Aug 28
Pharma Buyers Too Few for Cla

Pharma Buyers Too Few for Cla

U.S. District Judge Mitchell S. Goldberg ruled on August 28, 2017 that a class of 24 to 25 direct purchasers did not satisfy the “numerosity” requirement of Rule 23(a)(1) for class certification. Florence Drug Co. of…
Aug 27
Big Pharma Faces More Pay-for-Delay Fallout

Big Pharma Faces More Pay-for-Delay Fallout

Pay-for-delay Listen up, direct purchasers of pharmaceuticals. Since 2013, pay-for-delay antitrust cases against Big Pharma could succeed if they alleged that a brand-name drug company had made “large and unjustified”…

Rank this Week: 1340

Gaille Energy Blog

Discusses innovative proposals in the field of energy law. By Scott Gaille.

http://gaillelaw.com/energy-law-blog/

Aug 16
Beware of Trickster Lawyers [Gaille Energy Blog Issue 50]

Beware of Trickster Lawyers [Gaille Energy Blog Issue 50]

Fans of Breaking Bad and Better Call Saul are familiar with the character of Saul Goodman (aka Jimmy McGill): Jimmy is a good example of . . . a “trickster lawyer.” The idea is that many talented lawyers resemble the...…
Jun 25
Energy Terrorists [Gaille Energy Blog Issue 49]

Energy Terrorists [Gaille Energy Blog Issue 49]

October 2016 – Coordinated attacks on five pipelines in four states accessed emergency shut-off valves and stopped the flow of 15% of daily American oil supply. February 2017 – Gunman opened fire on a natural gas…
Jun 18
Vinson & Elkins at 100: The Rivalry with Baker Botts [Gaille Energy Blog Issue 48]

Vinson & Elkins at 100: The Rivalry with Baker Botts [Gaille Energy Blog Issue 48]

The rivalry between V&E and BB started in the 1870s—in the small East Texas town of Huntsville. A young couple moved next door to the forty-something Bakers. The Bakers’ new neighbors were Walker County Sheriff…

Rank this Week: 1440

Gaille Energy Law Blog

By Scott Gaille. Discusses innovative proposals in the field of energy law.

http://gaillelaw.com/energy-law-blog/

Aug 16
Beware of Trickster Lawyers [Gaille Energy Blog Issue 50]

Beware of Trickster Lawyers [Gaille Energy Blog Issue 50]

Fans of Breaking Bad and Better Call Saul are familiar with the character of Saul Goodman (aka Jimmy McGill): Jimmy is a good example of . . . a “trickster lawyer.” The idea is that many talented lawyers resemble the...…
Jun 25
Energy Terrorists [Gaille Energy Blog Issue 49]

Energy Terrorists [Gaille Energy Blog Issue 49]

October 2016 – Coordinated attacks on five pipelines in four states accessed emergency shut-off valves and stopped the flow of 15% of daily American oil supply. February 2017 – Gunman opened fire on a natural gas…
Jun 18
Vinson & Elkins at 100: The Rivalry with Baker Botts [Gaille Energy Blog Issue 48]

Vinson & Elkins at 100: The Rivalry with Baker Botts [Gaille Energy Blog Issue 48]

The rivalry between V&E and BB started in the 1870s—in the small East Texas town of Huntsville. A young couple moved next door to the forty-something Bakers. The Bakers’ new neighbors were Walker County Sheriff…

Rank this Week: 1173

Climate Change and Carbon…

Climate Change and Carbon Management Blog

Covers carbon capture and sequestration, clean tech, carbon markets, and renewable energy. By Alston + Bird LLP. Covers carbon capture and sequestration, clean tech, carbon markets, and renewable energy. By Alston + Bird LLP.Covers carbon capture and sequestration, clean tech, carbon markets, and renewable energy. By Alston + Bird LLP. Covers carbon capture and sequestration, clean tech, carbon markets, and renewable energy. By Alston + Bird LLP.

http://www.alstonenvironment.com/

Aug 15
Is That Regulation Affordable? If It’s Under the Safe Drinking Water Act, It Better Be

Is That Regulation Affordable? If It’s Under the Safe Drinking Water Act, It Better Be

You open your mailbox. There’s your monthly water bill. Inside, you notice it’s gone up nearly $500—but your use hasn’t changed. How could this be? And maybe more important, can you afford it? This is an essential…
Jul 25
Cannabis Industry Jammed With Extensive Environmental Regulation

Cannabis Industry Jammed With Extensive Environmental Regulation

The surge of new cannabis-related regulations continues in California this month, this time courtesy of the State Water Resources Control Board. In response to Senate Bill 837, the agency recently released a draft Cannabis Policy and…
Jul 11
California Air Resources Board New Draft Enforcement Penalty Policy

California Air Resources Board New Draft Enforcement Penalty Policy

Today, CARB held another workshop to explain its new draft enforcement penalty policy and the factors it will use in assessing penalties in future enforcement cases. The factors are qualitative and narrative and subjective, which is bad…

Rank this Week: 4608

Smart Grid Legal News

Covers news and legal commentary on issues related to the smart grid, including activities at state regulatory commissions, the Department of Energy (DOE) and the Federal Energy Regulatory Commission (FERC). By Stevens & Lee.

http://www.smartgridlegalnews.com

Aug 11
It's Official - FERC Finally Has a Quorum

It's Official - FERC Finally Has a Quorum

Yesterday, former Pennsylvania Public Utility Commissioner (PaPUC), Robert F. Powelson, was officially sworn in as a Federal Energy Regulatory Commissioner, ending a six month drought in which the Federal Energy Regulatory Commission (FERC)…
Jul 18
New Report: Enhancing the Resilience of the Nation's Electricity System

New Report: Enhancing the Resilience of the Nation's Electricity System

The Board on Energy and Environmental Systems (BEES) of the National Academies of Sciences, Engineering, and Medicine provides independent advice to the United States government and the private sector on science and technology policy issues…
Mar 24
Illinois Announces NextGrid

Illinois Announces NextGrid

This week, the Illinois Commerce Commission (ICC or Commission) launched NextGrid, an initiative to explore the utility of the future. It will be an 18-month statewide collaborative aimed at transforming Illinois’ energy landscape and…

Rank this Week: 3603

Oil and Gas Law Digest

By Austin W. Brister.

http://www.oilandgaslawdigest.com

Aug 10
Slideshow: Production in Paying Quantitie

Slideshow: Production in Paying Quantitie

This afternoon, I will be presenting at the Dallas Bar Association’s 31st Annual Review of Oil & Gas Law on the topic “Production in Paying Quantities.” Here is a copy of my slides: Author information Austin…
Jun 28
The Texas Supreme Court Decides Whether “Subject To” Clause Alters Who Must Bear NPRI Burden

The Texas Supreme Court Decides Whether “Subject To” Clause Alters Who Must Bear NPRI Burden

Wenske v. Ealy, 13-15-00012-CV, ___ S.W.3d ___ (Tex. 2017) In a decision that focuses on the parties’ intent as express within the four corners of the document, the Texas Supreme Court decided whether the language of a…
Apr 17
Railroad Deed Controversy: 100+ Year Old Instrument Ruled an Easement, Not a Fee Simple Conveyance

Railroad Deed Controversy: 100+ Year Old Instrument Ruled an Easement, Not a Fee Simple Conveyance

BNSF Railway Co. v. Chevron Midcontinent, LP This dispute arises from a deed executed in 1903 from W.H.C. Goode to BNSF’s predecessor covering land in Upton County, Texas. When Chevron began producing from underneath…

Rank this Week: 1992

Energy Law Update

Covers major court or regulatory orders, conference or seminar announcements, breaking news in the world of renewable energy, and novel legal issues. By Verrill Dana LLP.

http://www.energylawupdate.com/

Aug 3
Clients Recognize Verrill Dana for Best Client Service in BTI Power Rankings 2017

Clients Recognize Verrill Dana for Best Client Service in BTI Power Rankings 2017

Verrill Dana has been recognized for its unparalleled client relationships in the BTI Power Rankings 2017: The Law Firms with the Best Client Relationships in 18 Industries for the second year in a row. In the rankings, clients identified…
Aug 1
“Untethered” Clean Energy Subsidies Survive Post-Hughes Preemption Challenge

“Untethered” Clean Energy Subsidies Survive Post-Hughes Preemption Challenge

Last year in Hughes v. Talen, the Supreme Court struck down a Maryland generator subsidy program, concluding that it had a direct impact on the wholesale energy auctions and was therefore preempted by the Federal Power Act (FPA). Broadly…
Aug 1
The Future of the Kennebunk Dam

The Future of the Kennebunk Dam

On Thursday July 20th, the Board of Selectmen for the Town of Kennebunk held a workshop to gather information regarding the Town’s potential role in the future of three dams along the Mousam River in Kennebunk, Maine. The Board…

Rank this Week: 2793

Law Offices of Gregory D. Jordan…

Law Offices of Gregory D. Jordan Blog

Covers business disputes, employment law matters and oil and gas law matters throughout Texas.

http://www.theaustintriallawyer.com/blog/

Jul 26
Texas appellate court rules against owner of royalty interest in fraudulent inducement lawsuit

Texas appellate court rules against owner of royalty interest in fraudulent inducement lawsuit

A Texas appellate court held that the owner of a royalty interest could not claim fraudulent inducement with regard to its settlement with a Shell Oil affiliate that operated the oil and gas property. In 2014, a Texas state court jury found…
Jun 23
Eight ex-employees of Texas sanitation company claim racial discrimination

Eight ex-employees of Texas sanitation company claim racial discrimination

Eight African American employees of a Texas sanitation company have filed a lawsuit claiming discrimination and retaliation. Dantrell Patterson, Lamonte Young, Demetrius Patterson, Tadarious Dixon, Keithdrick Patterson, Jarvis Hill, Jermaine…
May 17
Pipeline owners file $300 million breach of contract lawsuit against midstream operator

Pipeline owners file $300 million breach of contract lawsuit against midstream operator

An amended breach of contract lawsuit was filed by Magellan Midstream Partners and Plains All American Pipeline against Stampede Energy, seeking over $300 million in damages over an oil transport deal. The lawsuit claims that Stampede did not…

Rank this Week: 1819

Energy Law Times

Covers energy and regulatory agencies. By Jennings, Strouss & Salmon, PLC.

http://www.energylawtimes.com/

Jun 15
FERC Sets Agenda for Technical Conference on Natural Gas Index Liquidity and Transparency

FERC Sets Agenda for Technical Conference on Natural Gas Index Liquidity and Transparency

On June 29, 2017, the Federal Energy Regulatory Commission (FERC) will hold a technical conference to discuss liquidity in the natural gas markets and what, if anything, the industry or FERC can do to increase transparency and robustness in…
Jun 2
New Court Decision Opens Door to Broader Assertion of Jurisdiction by FERC over Governmental Entitie

New Court Decision Opens Door to Broader Assertion of Jurisdiction by FERC over Governmental Entitie

The U.S. Court of Appeals for the D.C. Circuit issued a decision recently finding that the Federal Energy Regulatory Commission (“FERC”) had authority to order the Bonneville Power Administration (“BPA”) to pay money…
May 3
FERC Weighs Tax Policy Changes in Wake of Ruling in United Airlines, Inc. v. FERC

FERC Weighs Tax Policy Changes in Wake of Ruling in United Airlines, Inc. v. FERC

On December 15, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) in Docket No. PL17-1, seeking comments on how to address any double recovery that may result from its tax allowance and rate of return…

Rank this Week: 2702

Natural Resources and Mining Law…

Natural Resources and Mining Law Blog

Covers energy law and real estate and property law. By Jeffer Mangels Butler & Mitchell LLP.

http://mininglaw.jmbm.com/

May 9
The DOI’s Review of National Monuments – What it means to the mining industry

The DOI’s Review of National Monuments – What it means to the mining industry

By Kerry Shapiro Last week, President Trump signed an executive order with potentially wide-ranging implications for the mining industry and many other affected stakeholders. The order directs the Department of the Interior (DOI) to review…
May 9
The DOI’s Review of National Monuments – What it means to the mining industry

The DOI’s Review of National Monuments – What it means to the mining industry

By Kerry Shapiro Last week, President Trump signed an executive order with potentially wide-ranging implications for the mining industry and many other affected stakeholders. The order directs the Department of the Interior (DOI) to review…
Apr 20
Double Deja Vu: California AB 219 is Reinstated

Double Deja Vu: California AB 219 is Reinstated

My partner, Jon Welner, is a leading practitioner of prevailing wage law in California and is the Chair of JMBM’s Prevailing Wage Group. He is also a member of JMBM’s Natural Resources and Mining Group and advises and defends the…

Rank this Week: 1631

Inside Africa law

Covers legal developments around Africa. By Norton Rose Fulbright.

http://www.insideafricalaw.com/blog/

Feb 23
Accordion Publication Test

Accordion Publication Test
Aug 2
Test RSS

Test RSS
Jun 21
Video Test

Video Test

Rank this Week: 1276

Energy & Commodities Resource…

Energy & Commodities Resource Center Blog

Covers regulatory, business, and legal issues affecting the U.S. and international energy and commodities markets. By Cadwalader, Wickersham & Taft LLP.

http://www.energylawresourcecenter.com/blog/

Nov 6
CFTC Approves Supplemental Proposal for Proposed Regulation AT

CFTC Approves Supplemental Proposal for Proposed Regulation AT

By: Athena Eastwood, Anthony Mansfield, Paul Pantano, Neal Kumar, Natalie Mitchell and Lamiya Rahman On November 4, 2016, the Commodity Futures Trading Commission (“CFTC” or the…
Oct 31
Not Your Grandmother’s Form 40

Not Your Grandmother’s Form 40

By Athena Eastwood, Anthony Mansfield, Paul Pantano, Neal Kumar and Natalie Mitchell A common tool that the Commodity Futures Trading Commission (“CFTC” or the “Commission”) relies upon to…
Oct 25
FERC Issues ANOPR on Revisions to Oil Pipeline Indexing Policies and Reporting Requirement

FERC Issues ANOPR on Revisions to Oil Pipeline Indexing Policies and Reporting Requirement

By Mark Haskell, Brett Snyder and Lamiya Rahman On October 20, 2016, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an advanced notice of proposed rulemaking…

Rank this Week: 3375

Climate Change Blog

Covers climate change and renewable energy legal issues. By McCarter & English.

http://climatelawyers.com/

Oct 11
Some Real Numbers About Transitioning a Coal Plant to a Solar Farm

Some Real Numbers About Transitioning a Coal Plant to a Solar Farm

Power density will be on display this morning in Holyoke, Massachusetts. Virtually anyway. There is a groundbreaking for a 5.8 MW solar farm beginning at 10:30. This is wonderful news. The old, inefficient,…
Jul 29
"I believe in science." And then what?

"I believe in science." And then what?

I am sure you heard Hillary explain last night why she is going to take action on climate change. "I believe in science." We weren’t so articulate when we counseled last week to “Go to the Data,” but she figured it…
Jul 20
Zika Transmission in New York, and Now in Florida - Some Legal Thought

Zika Transmission in New York, and Now in Florida - Some Legal Thought

In eight years of climate change blogging we think we have uniformly been able to steer clear of the prurient and the provocative, the lewd and the lascivious. But then came word last Friday from New York that the New York City Department of…

Rank this Week: 4200

Envirosphere

Provides news and updates on environmental law in New York State. By the New York State Bar Association's Environmental Law Section.

http://nysbar.com/blogs/environmental/

Aug 2
Albany Environmental News - July 2016

Albany Environmental News - July 2016

Below are recent regulatory issues and laws just passed by both houses of the NYS Legislature including one signed by Governor Cuomo must still decide whether to sign or veto. 1. Statute of Limitations Set by Superfund Designation SO…
Aug 2
Staying Connected on Water Issue

Staying Connected on Water Issue

Clean Water NY: What actions are needed to ensure sustainable water resources in the 21st century? May 6, 2015 The New York State Bar Association's Environmental Law Section presented last year's Legislative Forum on water infrastructure and…
Jun 27
Message from the Outgoing Chair, June 2016

Message from the Outgoing Chair, June 2016

By Michael J. Lesser, 2015-2016 Chair, Environmental Law Section, NYSBA My past year as Section Chair has sped by in a blur. There have been so many excellent events, meetings with section members and revelations about our profession that…

Rank this Week: 1906

Tax Equity Telegraph

Addresses the intersection of tax policy and energy policy in the United States. By Akin Gump Strauss Hauer & Feld LLP.

http://www.akingump.com/en/experience/practices/global-project-finance/tax-equity-telegraph/index.html

Jul 20
Can New Federal Guidance Unlock the Residential PACE Market? We’re Almost There!

Can New Federal Guidance Unlock the Residential PACE Market? We’re Almost There!

Under newly issued guidance, the Federal Housing Administration (FHA) and the Department of Veterans Affairs (VA) will begin insuring mortgages on qualifying properties with PACE assessments.Unlike the active commercial Property Assessed…
Apr 5
IRS Rules on Late Inverted Lease Election

IRS Rules on Late Inverted Lease Election

This is an article‎ that David Burton published in Tax Notes that discusses three recent Internal Revenue Service rulings in which permission was granted, in what appears to be solar energy project, inverted lease transactions, in…
Mar 29
Question and Answer from the Tax Equity Structuring, Financial Modeling and HLBV Accounting Seminar

Question and Answer from the Tax Equity Structuring, Financial Modeling and HLBV Accounting Seminar

Question from Seminar Participant: The tax equity investor invests to own only a portion of the production tax credits (PTCs) up front, since there is an unknown of the actual production levels of the wind farm. What does the…

Rank this Week: 1869

The New Carbon Cycle

Covers laws and policies surrounding climate change, carbon trading and markets, and renewable energy. By Scott Deatherage of Thompson & Knight LLP.

http://lawandenvironment.typepad.com/newcarboncycle/

Jul 13
Forbes Article Concludes 93% of Public Companies Facing Climate Risk, Only 12% Disclosing Risk

Forbes Article Concludes 93% of Public Companies Facing Climate Risk, Only 12% Disclosing Risk

A new Forbes article concludes that 93 percent of public companies face risk from climate change, but only 12 percent are actually disclosing that risk to the public and their shareholders. The... [[ This is a content summary only. Visit my…
Jul 12
McKinsey Article Concludes Good News for Emissions: US and EU Emissions Down, Economies UP

McKinsey Article Concludes Good News for Emissions: US and EU Emissions Down, Economies UP

McKinsey and Company director Scott Nyquist authored on article entitled Great News on Emissions. Really. He concludes that the US and EU have cut emissions while growing their economies. His article... [[ This is a content summary only.…
Jul 10
Tax Credits Expire for Waste to Energy and Several Other Project Types Unless Construction Begin

Tax Credits Expire for Waste to Energy and Several Other Project Types Unless Construction Begin

Last year on December 18, 2015 Congressional approval of H.R. 2029, The Consolidated Appropriations Act, 2016, which President Obama promptly signed into law (P.L. No. 114-113, 114th Cong. 1st... [[ This is a content summary only. Visit my…

Rank this Week: 4610

Energy Legal Blog

Covers clean air/emissions, FERC, natural gas and more. By Bracewell & Giuliani.

http://www.energylegalblog.com/

Mar 22
Regional Enforcement Snapshot of Southern Africa

Regional Enforcement Snapshot of Southern Africa

According to the Transparency International Corruption Perceptions Index for 2014 (hereafter the “International Corruption Index”), the nine countries that make up southern Africa rate from “average” to…
Mar 18
FERC Report on Transmission Investment and Related Technical Conference

FERC Report on Transmission Investment and Related Technical Conference

At the March 17, 2016 Federal Energy Regulatory Commission (“FERC”) meeting, FERC’s Office of Energy Policy and Innovation presented a report assessing the effectiveness of FERC’s transmission investment policies,…
Mar 16
Shale Play South Africa – An update on shale gas exploration

Shale Play South Africa – An update on shale gas exploration

Progress Report: Shale Play in South Africa Legal basis In June 2015, South Africa’s Department of Mineral Resources (DMR) published Regulations for Petroleum Exploration and Production (the Regulations) which introduced guidelines…

Rank this Week: 1298

Hydraulic Fracking Blog

Covers the issues surrounding shale and hydraulic fracturing--commonly known as fracking. By Barclay Nicholson of Fulbright & Jaworski L.L.P.

http://fracking.nortonrosefulbright.com/

Jun 15
We Have Moved

We Have Moved

This blog has moved to http://www.hydraulicfrackingblog.com/ ... you should be redirected shortly.
Jun 8
Legislative Activity Update - Ten Pennsylvania Bills, Including New Severance Tax Bill

Legislative Activity Update - Ten Pennsylvania Bills, Including New Severance Tax Bill

The following already-introduced bill has been acted upon by the Pennsylvania General Assembly:PA House Bill 621 Format of documents recording lease assignmentsSponsor:Sandra Major (Republican – parts of…
Jun 8
Legislative Activity Update - Ten Pennsylvania Bills, Including New Severance Tax Bill

Legislative Activity Update - Ten Pennsylvania Bills, Including New Severance Tax Bill

The following already-introduced bill has been acted upon by the Pennsylvania General Assembly:PA House Bill 621 Format of documents recording lease assignmentsSponsor:Sandra Major (Republican – parts of…

Rank this Week: 3310

Oil & Gas Law Brief

Covers climate change, hydraulic fracturing, off-shore drilling and oil sands. By Stone Pigman Walther Wittmann L.L.C.

http://www.environmentalandenergylawbrief.com/

Sep 17
State Says St. Tammany is "Out of Line" with Fracking Lawsuit

State Says St. Tammany is "Out of Line" with Fracking Lawsuit

With anti-fracking citizens and activists loudly protesting plans by Helis Oil & Gas Co. to drill a well in St. Tammany Parish (northeast of Mandeville) that anticipates the use of "hydraulic fracturing" to extract hydrocarbons, the…
Jul 10
Supreme Court Holds EPA Can RegulateGreenhouse Gas Emission For Large Industrie

Supreme Court Holds EPA Can RegulateGreenhouse Gas Emission For Large Industrie

On June 23, 2014, the Supreme Court issued an opinion in Utility Air Regulatory Group v. Environmental Protection Agency, No. 12-1146 (2014), which affirmed the Environmental Protection Agency ("EPA")'s authority to impose limits on…
Jun 30
EPA Document May Be a Precursor to Federal Regulation Concerning Fracking Disclosure

EPA Document May Be a Precursor to Federal Regulation Concerning Fracking Disclosure

One of the biggest concerns environmentalists have expressed about hydraulic fracturing is the lack of detailed disclosure of the chemical compounds used in the process. Recent activity by the EPA suggests that the federal government…

Rank this Week: 3614

Renewable Energy Law Blog

News and commentary on the evolving law, science, and policy of renewable energy development. By Shems Dunkiel Kassel & Saunders.

http://renewableenergylaw.blogspot.com/

Aug 22
Renewable Energy Law News - Week of August 19, 2013

Renewable Energy Law News - Week of August 19, 2013

Advocates protest as more utilities stop or reduce projects eligible for renewable energy credits Washington Electric Cooperative is the only utility in Vermont that has continued to accept applications to its net-metering,…
Jul 17
Renewable Energy Law News - Week of July 15, 2013

Renewable Energy Law News - Week of July 15, 2013

PV Renter bill signed into law in HawaiiHONOLULU, Hawaii – A bill that would remove barriers for landlords to invest in renewable energy became law today. Governor Neil Abercrombie signed four bills related to energy at a…
Jul 1
Renewable Energy Law News - Week of July 1, 2013

Renewable Energy Law News - Week of July 1, 2013

Hawaii Governor Signs ‘Game-Changing’ Green Energy Policy Into LawGov. Neil Abercrombie packed his ceremonial room today with a rare combination of leaders from the Legislature, HECO, environmental nonprofits and union…

Rank this Week: 1303

Ocean & Offshore Energy Projects…

Ocean & Offshore Energy Projects and Policy Blog

Analyzes United States offshore energy law, policy, and development. By Jennifer Simon.

http://offshoreenergy.blogspot.com/

Aug 21
DOI Completes First Offshore Energy Area Auction, Prepares for Virginia Auction in September

DOI Completes First Offshore Energy Area Auction, Prepares for Virginia Auction in September

This post was originally published for the American Bar Association Section of Environment, Energy and Resources Marine Resources Committee Newsletter, Vol. 16, No. 2 (August 2013). On July 31, 2013, the Bureau of Ocean Energy…
Jun 5
Massachusetts/ Rhode Island Wind Energy Area Lease Auction Slated for July 29 and 31, 2013!

Massachusetts/ Rhode Island Wind Energy Area Lease Auction Slated for July 29 and 31, 2013!

On Tuesday June 4, 2013, the Department of the Interior's Bureau of Ocean Energy Management (BOEM) announced that the first lease auction for commercial offshore wind energy projects will be held on July 29 and July 31, 2013.…
Jun 5
Maine installs first offshore turbine in the US!

Maine installs first offshore turbine in the US!

This is big news, folks. The people at the DeepCWind Consortium will officially be the first to place a grid-connected wind turbine in U.S. coastal waters. As if this wasn't newsworthy enough, the Maine turbine is a…

Rank this Week: 4230

J. Mark Robinette, Attorney

Follows Arkansas energy, oil, gas, law along with environmental, public utilities, and real estate law.

http://robinetteslaw.blogspot.com/

Aug 2
When is a hydraulically fractured well "complete?"

When is a hydraulically fractured well "complete?"

The expiration of an oil and gas lease's primary term does not necessarily release all non-producing lands. This can be so even when the lease contains a Pugh Clause. Typically, most leases contain savings provisions that extend the lease…
Mar 4
Arkansas Oil and Gas Commission Issues Emergency Order Shutting Down Disposal Wells in Earthquake Zone

Arkansas Oil and Gas Commission Issues Emergency Order Shutting Down Disposal Wells in Earthquake Zone

In a brief hearing to confirm a consent administrative order, the Arkansas Oil and Gas Commission (AOGC) reached an agreement with the operators of two disposal wells in the Enola Swarm seismic zone to immediatley…
Dec 15
Arkansas Supreme Court Revisits Law on Pipeline Gathering System Condemnation and "Statutory Pugh Clause"

Arkansas Supreme Court Revisits Law on Pipeline Gathering System Condemnation and "Statutory Pugh Clause"

The Arkansas Supreme Court ruled against landowners who challenged to the authority of a gas gathering system to use the power of eminent domain to acquire rights of way. In Ralph Loyd Martin Revocable Trust v. Arkansas Midstream Gas…

Rank this Week: 4343

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