The Texas Supreme Court issued three opinions last week of interest to Texas land and mineral owners: one dealing with the duties of holders of executive rights, one limiting the condemnation powers of pipelines, and one addressing whether injection well operators can be held liable for trespass if the injected…
Oil and Gas Lawyer Blog
Supreme Court Overrules Motions for Rehearing in BP v. Marshall
The Texas Supreme Court on August 19 overruled the royalty owners’ motions for rehearing of their decision in BP v. Marshall. For my prior discussion of this case, go here. To see the Court’s original opinion, go here.
EPA Issues Proposed Rules to Reduce Emissions from Well Drilling and Production
The U.S. Environmental Protection Agency has issued proposed rules to cut down on emissions of volatile organic compounds (VOCs) and methane from well drilling and production sites. The rules were issued pursuant to a settlement of a suit by environmental groups alleging that EPA was not enforcing air emissions laws…
New York Issues Revised Study of Fracing in the Marcellus
The New York State Department of Environmental Conservation (DEC) has been engaged in a comprehensive review of the potential environmental impacts of development of the Marcellus Shale in New York since 2008. The DEC is the regulatory agency in New York responsible for issuing drilling permits and regulating oil and…
Recent News: EPA Fracing Study, Report on Eagle Ford, Frac Water Recycling, Range v. EPA,
WSJ Weighs In On Fracing Controversy The Wall Street Journal gives its opinion on the dangers of hydraulic fracturing, siding with the industry: “The shale gas and oil boom is the result of U.S. business innovation and risk-taking. If we let the fear of undocumented pollution kill this boom, we will…
New York Times Articles on Shale Plays Create a Stir
Two recent articles by a New York Times reporter, Ian Urbina, have caused strong reactions among the industry and those following shale plays in the U.S. Urbina’s articles may be found here and here. Urbina’s basic theme is that the new reserves of natural gas attributed to shale plays are…
Oil and Gas-Related Legislation from the 82nd Texas Legislative Session
Bills of Interest from the Texas Legislature’s now-completed session: SB 652 – re-authorized the Texas Railroad Commission for two more years. The Lege was unable to agree on changes recommended by the Sunset Commission to reform the RRC. See my discussion of Sunset recommendations here and here. Legislators could not agree…
Motions for Rehearing in BP America v. Marshall Blasts Supreme Court
Counsel for the plaintiffs in BP v. Marshall filed unusual motions for rehearing after the Texas Supreme Court reversed the judgments of the courts below awarding substantial damages for fraud. See my discussion of the Supreme Court’s decision here. The Marshalls’ attorneys’ motion for rehearing accuses the court of engaging in “de…
New MIT Study, “The Future of Natural Gas,” Touts the Future of Natural Gas Shale Development
A study group sponsored by the Massachusetts Institute of Technology has issued a report, The Future of Natural Gas, the fourth in a series of MIT multidisciplinary reports examinging the role of various energy sources and the effects of carbon dioxide emissions restraints. The full 170-page report can be found…
Discussion and Debate Increase on Environmental Hazards of Fracking
Fracking has become more and more a topic in the general media and part of the state and federal environmental energy agenda, with new stories appearing daily. A sample: Secretary of Energy Steveb Chu has appointed an advisory panel, officially called the Secretary of Energy Advisory Board’s subcommittee on natural gas,…