On April 1, 2016 the United States Court of Appeals for the Tenth Circuit issued a significant opinion in the personal injury case Amber Nicole Lompe, Plaintiff-Appellee, v. Sunridge Partners, LLC and Apartment Management Consultants, LLC, Defendants-Appellants, 10th Cir. No. 14-8082, vacating and reducing significant punitive damages awards against the owner and property manager, respectively, […]
The recent shale boom has greatly increased the amount of natural gas produced and transported across the country’s network of pipelines in recent years. Unfortunately, the increase in production has resulted in several significant environmental and safety incidents, including a widely reported 2010 gas pipeline explosion in San Bruno, California, that killed 8 people and […]
In the face of a radically altered economic and energy picture for Wyoming, Governor Matt Mead released an updated energy strategy for the State on March 14, 2016. Titled “Leading the Charge: Wyoming’s Action Plan for Energy, Environment, and Economy,” the plan is an update of a similar report issued by the State in 2013, […]
One of the more loosely used terms from Colorado’s Conservation Act and Colorado Oil and Gas Conservation Commission (“COGCC”) Rules, and one of many lawyers’ favorite words to analyze, is the term “reasonable.” When filing for an involuntary pooling application in front before the COGCC, an applicant must comply with COGCC Rule 530, which requires […]
Downsizing and employee layoffs are the harsh reality of the plunging oil prices, as reflected by the announcements of many oil and gas companies in recent weeks. When a reduction in force becomes unavoidable, employers with Colorado operations should take steps to ensure compliance with Colorado and Federal laws, as well as contract obligations. Highlighted […]
The University of Wyoming’s Enhanced Oil Recovery Institute (“EORI”) recently made available to the public a new Interactive Data Platform (“IDP”). The IDP allows users to display and identify oil and gas information from the Wyoming Oil and Gas Conservation Commission, the Wyoming State Geological Survey, the Wyoming Geological Association, and the Wyoming Pipeline Authority, […]
Colorado House Bill 16-1310 was introduced on March 2, 2016, by State Senator Morgan Carroll (D) and State Representative Joseph Anthony Salazar (D). Under current Colorado law, to prevail on a claim against an oil and gas operator, the surface owner must present evidence that the operator’s use of the surface “materially interfered” with the […]
The Obama Administration, through the Environmental Protection Agency (“EPA”), announced the implementation of the Clean Power Plan (“CPP”) in August of 2015. The CPP has the stated purpose of “establishing guidelines for states to follow in developing plans to reduce greenhouse gas emissions from fossil fuel-fired electric generating units,” or, in layman’s terms, to cut […]
It goes without saying that use of electronically stored information constitutes a fundamental component of any modern, successful company, but state and federal courts have only recently adjusted their rules of discovery to reflect that. For example, the federal courts recently revised their Rule 37, which concerns sanctions for failing to preserve or produce documents […]
The United States Forest Service (“Forest Service”) manages 193 million acres of public lands that provide 20 percent of the nation’s clean water supply worth an estimated $7.2 billion per year. Management of public lands by the Forest Service includes issuance of special use permits for 122 ski area operations in thirteen states. 116 of […]