Legal Updates

The Wyoming Historical Society published an interesting piece by Wyoming reporter Dustin Bleizeffer on the history of coalbed methane development in Wyoming, “Coalbed Methane: Boom, Bust and Hard Lessons.” The article covers the boom of the early years of 2000’s and the current bust that has left companies bankrupt and the State addressing the abandoned […]

On April 7, 2015, EPA proposed a new rule to prohibit the discharge of wastewater pollutants associated with unconventional oil and gas (“UOG”) extraction to publicly owned treatment works (“POTWs”). Given that EPA is not aware that any UOG wastewater is currently being sent to any POTW, the rule is not expected to have much […]

Now that it looks like at least four of the Republican Presidential candidates claim a Texas connection – Jeb Bush, Ted Cruz, Rand Paul and Rick Perry – a look back at where the Texas connection to the White House began (hint: it wasn’t LBJ) is well-timed. http://www.chron.com/news/politics/article/A-look-back-at-presidential-candidates-from-Texas-6106289.php “The Big Rich,” by Texan and author […]

On January 27, 2015, the U.S. Geological Survey, the science arm of the U.S. Department of the Interior, published a scientific investigative report, supported by a separate data series, consisting of hydraulic fracturing and fracturing treatment records from 1947-2010. Over 1 million fracked wells and 1.8 million fracking treatment records were reviewed by the agency. […]

The Colorado Oil and Gas Task Force submitted its Final Report on February 27, 2015 making nine recommendations to the Governor that received two-thirds of the vote of the Task Force members as required by Executive Order 2014-005 to constitute recommendations of the Task Force. 1. Collaboration of local governments, the COGCC and Operators relative […]

On February 17, 2015, in a decision that is contrary to the principle that is nearly universally applied in other oil and gas producing jurisdictions, the Pennsylvania Supreme Court held that an oil and gas lessee is not entitled to an equitable extension of the primary term of a lease when the lessee is forced […]

On February 17, 2015, in State ex rel. Morrison v. Beck Energy Corp. (Slip Opinion No. 2015-Ohio-485), the Ohio Supreme Court ruled, in a 4-3 decision, that Munroe Falls, a suburb or Akron, could not use local zoning laws to supersede or override the state of Ohio’s regulatory scheme for oil and gas activity. Recognizing […]

The Colorado Supreme Court held that an option to purchase oil and gas properties did not violate the common law rule against perpetuities. Atlantic Richfield Company v. Whiting Oil and Gas Corporation, f/k/a Equity Oil Company, 2014 CO 16. In 1968, Atlantic Richfield Company (ARCO) and Equity Oil Company (Equity) entered into an agreement regarding […]

So, what is a Master Leasing Plan anyway?As part of a suite of federal oil and gas leasing reforms introduced by Secretary Salazar in 2010, the BLM introduced the concept of master leasing plans (“MLPs”). The MLP is a federal land use planning tool that allows the BLM to amend a governing resource management plan […]

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