It was an interesting week for BLM’s hydraulic fracturing rule first finalized and then immediately challenged on March 26, 2015. On Monday (June 20, 2016), the BLM filed its final brief in the Tenth Circuit arguing that the Wyoming Federal District Court erred when it issued a nationwide injunction of the rule on September 30, […]
An old rule of thumb for title examiners was that a mineral reservation needs to be in the granting clause, not the warranty clause, of a deed to be valid. As the courts have moved to seeking to determine the parties’ intent in a deed, these old rules have been whittled away. A recent Colorado […]
Non-administered arbitration (“NAA”) is an informal dispute resolution process designed to proceed without the involvement of a separate administering entity. The arbitrator and parties administer the proceedings. The proceedings may be guided by a procedure the parties define, or the parties may agree to use institutional rules and procedures such as Rules for Non-Administered Arbitration […]
* This blog is co-authored with Sarah Ruckriegle, a graduate of the Air Force Academy, current Captain in the Air Force and law student at the University of Las Vegas where she is based. Heidi Ruckriegle is an Associate with the Welborn firm. The United States Department of Defense (“DoD”) is the world’s single […]
In late March, the Colorado Supreme Court ruled in County of Boulder v. Boulder & Weld County Ditch Co., 367 P.3d 1179 (Colo. 2016). While this case did not involve any novel questions of Colorado water law, it did provide a clear warning to applicants for changes of water rights that they must be prepared […]
The U.S. Department of Labor just released final rules updating the overtime regulations of the Fair Labor Standards Act (FLSA) that will significantly broaden the scope of employees eligible for overtime pay when the rules go into effect December 1, 2016: DOL Announcement. Employers that are governed by the FLSA are required to classify their […]
A decision in late April, 2016, by the Colorado Supreme Court, allows deduction of the cost of capital for construction of gas processing and transportation facilities in calculating Colorado severance tax. In BP America Production Company v. Colorado Department of Revenue, 2016 CO 23, 2016 WL 1639829, the Colorado Supreme Court reversed the decision of […]
In companion decisions issued May 2, 2016, the Colorado Supreme Court (Gabriel, J.) affirmed district court summary judgment orders invalidating home-rule oil and gas regulations concerned with hydraulic fracturing (“fracking”). The Court relied on the intent and scope of state-wide oil and gas legislation as reflected in the Colorado Oil and Gas Conservation Act, §§ […]
Come November, Colorado voters may decide whether oil and gas development should be subjected to more stringent regulation. Three ballot initiatives proposed by Boulder-based Coloradans Resisting Extreme Energy Development have survived legal challenges and are now headed for signature collection. Supporters have until August 8 to collect the necessary signatures to get these measures on […]
Over the past several years there has been an ongoing debate on whether local governments have the authority to limit or even ban oil and gas operations. In 2012, residents of the City of Longmont voted to approve a ban on hydraulic fracturing within city limits. Similarly, in 2013, Fort Collins voters approved a five […]