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The Ohio Department of Natural Resources has imposed rules on exploration companies requiring seismic monitoring around new well sites near fault lines and quake epicenters in the Utica Shale.  According to the Columbus Dispatch, the rules require monitors at new drill sites located within 3 miles of known fault lines or areas that have experienced an earthquake greater than magnitude 2.0. Monitors cost about $20,000 each, and as many as five are needed at each well. “ODNR officials said if monitors at drilling sites detect even a magnitude 1.0 quake, fracking will immediately stop and an investigation will start. If fracking is blamed, a moratorium would be instituted 3 miles around the epicenter,” according to the article. Earlier earthquake activity near Youngstown, Ohio was attributed to an injection well, which was shut down by Ohio DNR.

Earthquakes in Oklahoma and North Texas in the Barnett Shale, and more recently in the Eagle Ford in South Texas, have been linked to injection wells, but not to hydraulic fracturing. The Texas Railroad Commission has hired a seismologist to study the matter but has not imposed any new regulations on injection wells.

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I ran across this article from the Miami Herald: “Colorado’s new drilling rules seen as making an impact in Texas.” Colorado recently adopted tough air emissions rules applicable to the oil and gas exploration, production and transportation industries, intended to reduce emissions of methane. Those rules were adopted in collaboration with oil companies active in Colorado, and were supported by Anadarko, DCP Midstream, EnCana, and Noble Energy.  According to the article, several companies have approached the Environmental Defense Fund expressing interest in getting Colorado’s rules adopted in Texas. Jim Marston, VP at EDF, said that “The companies are often ahead of the Texas state government” on environmental issues.

Texas regulators often tout Texas as the nation’s leader in oil and gas regulation. Recently, the Texas Railroad Commission, which regulates oil and gas in Texas, has been having to play catch-up. It only recently hired a seismologist to study seismic activity caused by wastewater injection and has not yet agreed that injection is a cause or earthquakes near injection wells. Last year, the RRC adopted tougher casing regulations in response to concerns about possible groundwater contamination from drilling and completion operations. The Texas Commission on Environmental Quality, the agency that regulates air emissions, has increased its monitoring of air emissions from oil and gas operations, particularly in the Barnett Shale, in response to complaints and concerns raised in and around Fort Worth.

Colorado’s new rules are an effort to significantly reduce methane emissions from oil and gas facilities by requiring better emissions controls, better detection and faster fixing of leaks. Methane is a powerful greenhouse gas, and capturing fugitive emissions of methane also saves money for the companies and their royalty owners. EDF recently commissioned a study by ICF International to quantify the cost and savings of reducing methane emissions. The study found that industry could cut methane emissions by 40 percent below projected 2018 levels at an average annual cost of less than one cent per mcf of produced natural gas by adopting available emissions-control technologies and better leak-detection practices. The practices would have the additional benefit of reducing emissions of volatile organic compounds and other hazardous air pollutants.

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Last Friday I spoke on a panel at the E.E. Smith Advanced Oil and Gas Institute in Houston, discussing allocation wells. The segment was in the form of a debate, actually more like an oral argument. After an introduction of the topic by Bob Goldsmith, Bryan Lauer with Scott Douglas presented the case for the legality of allocation wells, and I presented the case for their illegality. We discussed the precedential value of Browning Oil v. Luecke and Humble Oil v. West and the challenges to allocation wells in the Klotzman proceeding before the Texas Railroad Commission and in Spartan v. EOG, now pending in district court in Harris County.

I can now report that EOG and the Klotzman family have reached a settlement in the Klotzmans’ challenge of an allocation well permit on their lands. So the Railroad Commission’s authority to issue the Klotzman allocation well permit will not be decided by a District Court in Travis County.

Here is a recent article in the Texas Tech Law Review about allocation wells.

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National Geographic has started a website called The Great Energy Challenge that provides a wealth of information about energy and the environment. “The Great Energy Challenge convenes and engages influential citizens and key energy stakeholders in solutions-based thinking and dialogue about our shared energy future.” Multiple articles from distinguished scientists provide education, explore innovative technologies, and seek to engage the public in a meaningful way about our energy future. Its home page is here.

Here is a good article discussing five innovative technologies for cleaner shale energy production and transportation, including water-free fracing, using recycled water or brackish water for fracing, using natural gas instead of diesel fuel to power drilling and completion, and efforts to reduce methane emissions in exploration, production and transportation of natural gas.

Here is a quiz to see how much you know about water and energy. Did you know that it takes 2.8 to 6.6 gallons of water to refine one gallon of gasoline? That it takes 780 gallons of water to produce one gallon or corn ethanol?

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I recently have learned of a suit brought by landowners against EOG Resources involving “allocation wells,” of which I have written before. The case is Spartan Texas Six Capital Partners, Ltd., Spartan Texas Six-Celina, Ltd., and Dion Menser v. EOG Resources, Inc., Cause No. 2011-27476, in the 11th Judicial District Court of Harris County.  Although the case is in Harris County, it involves wells drilled by EOG in Montague County. The EOG wells are shown on the sketch below; the plaintiffs’ tract is in yellow:

 

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EOG filed pooled unit designations for the Knox, Howard, Howard A, and Wylie A units, even though the plaintiffs’ leases did not allow pooling. EOG then calculated the plaintiffs’ royalties based on the portion of each well’s lateral length located on plaintiffs’ tract – allocation based on lateral length. I understand that most companies drilling allocation wells calculate royalties owed on non-pooled tracts on this lateral-length yardstick.

I have reviewed some of the pleadings in the Spartan case, including a motion for partial summary judgment filed by EOG last month. EOG asks the court to rule that “royalties in this case should be based on a reasonable allocation of the total production attributable to the lands covered by the [plaintiffs’] leases,” citing Browning Oil Company, Inc. v. Luecke, 38 S.W.3d 625 (Tex.App.-Austin 2000, pet. denied).

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Last week, the Fourth Court of Appeals in San Antonio issued its opinion in Chesapeake v. Hyder.pdf, on gas royalties owed to the Hyder family for production in Johnson and Tarrant Counties, in the Barnett Shale. The court upheld a judgment against Chesapeake for more than a million dollars, including $250,000 in attorneys’ fees. The result is not surprising considering the language in the lease, but the case is interesting because it reveals Chesapeake’s structure for marketing of gas in the Barnett Shale, obviously designed to reduce its gas royalty obligations.

The principal issue on appeal was whether Chesapeake could reduce the Hyders’ royalty by the amount of transportation costs paid by Chesapeake to unrelated pipeline companies. The trial court and court of appeals held that it could not. As I have written before (here, here and here), deductibility of post-production costs is a continuing issue for gas royalty payments in Texas. Prior Supreme Court cases have held that such costs are deductible under most standard gas royalty clauses.

The Hyders’ royalty clause was not a standard lessee-form lease. It provided:

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Ceres, a nonprofit focusing on climate change, water scarcity and sustainability, has issued a report, Hydraulic Fracturing & Water Stress: Water Demand by the Numbers, a Shareholder, Lender & Operator Guide to Water Sourcing.  Here are some excerpts:

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As drilling activity in the onshore US continues to grow, more and more attention is being paid to the environmental effects of exploration and production.  Media stories abound about groundwater contamination, the demand for fresh water from hydraulic fracturing, increased air emissions from exploration and production, controversy over pipeline condemnation and construction, earthquakes linked to wastewater injection, increased traffic and accidents, and effects on endangered species. Recent examples:

Air Emissions

This week The Center for Public Integrity, InsideClimate News and The Weather Channel released a report, Big Oil, Bad Air, on the effects of drilling in the Eagle Ford Shale on air quality in South Texas.  The report is highly critical of the lack of regulation by the Texas Commission of Environmental Quality (TCEQ) of emissions from oil and gas exploration and production operations in that region. Criticism of the report has already hit the media. Here is an industry response to the report from Energy in Depth, a website sponsored by industry. The TCEQ says it plans to conduct video surveillance of air quality over the region this summer

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