Energy & Environmental Law Blog

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Tag Archives: Energy

West Virginia Supreme Court of Appeals Holds Certain Lessees May Deduct Post-Production Costs

Posted in Energy
On Friday, May 26, 2017, the West Virginia Supreme Court of Appeals released its decision in Patrick D. Leggett, et al. v. EQT Production Company, et al. and held that lessees subject to West Virginia Code § 22-6-8 may deduct post-production costs actually incurred from the lessor’s royalty.  The reasonableness of post-production expenses, however, is a question of fact.… Continue Reading

White House Approves Keystone XL Pipeline

Posted in Energy, Environment
The White House issued a permit today approving Keystone XL, “bringing the mammoth oil pipeline a step closer to fruition more than a year after former President Barack Obama blocked its construction,” writes The Wall Street Journal. The paper notes that the pipeline, which will carry up to 830,000 barrels of oil a day once completed,… Continue Reading

Ohio Court Construes the Term “Holder” under the 2006 DMA to include the Heirs and Devisees of the Record Owner

Posted in Energy
Ohio’s Seventh District Court of Appeals recently interpreted the term “holder” under the 2006 version of the Ohio Dormant Mineral Act (R.C. § 5301.56) (“2006 DMA”) and held that the term should be construed broadly to include the heirs and devisees of the record owner of the severed mineral interest that succeed to the severed… Continue Reading

Changes Coming to Taxation of Oil and Gas Reserves in Ohio

Posted in Energy
The Ohio Tax Commissioner recently issued a memorandum to county auditors regarding significant changes to the taxation of oil and gas reserves starting in tax year 2016.  These significant changes include: Elimination of filing forms 6 and 6A. Values will now be based upon production volumes reported to the Ohio Department of Natural Resources (ODNR). … Continue Reading

Climate Change Conspiracy?

Posted in Energy, Environment
In 2015, several attorneys general began an investigation into energy companies, focusing upon whether those companies lied to the public about the risk of climate change or to investors about how such rights might hurt the oil business.  Subsequently, ExxonMobil Corp., a primary target of those investigations, sued two attorneys general in an effort to thwart… Continue Reading

H.B. 390 Clarifies Ohio Unitization Program

Posted in Energy
On June 28, 2016, Ohio Governor Kasich signed into law House Bill 390, which, among other matters, clarifies the status of pending applications for unit operations concerning mineral rights owned by the Ohio Department of Transportation.  In particular, it requires the chief of the Division of Oil and Gas Resources Management to issue unit orders… Continue Reading

Federal Court Rejects Challenge to Colorado’s Renewable Energy Mandate

Posted in Energy, Environment
In Energy and Env’t Legal Inst. v. Epel, 10th Cir. No. 14-1216 (July 13, 2015), the 10th Circuit Court of Appeals rejected a challenge to Colorado’s renewable energy mandate, which required electricity generators to ensure that 20% of the electricity they sold to Colorado consumers came from renewable sources. The appellants argued that given the… Continue Reading

2015 API State of American Energy Report

Posted in Energy
Last week, the American Petroleum Institute issued its annual report, the State of American Energy. The report is buoyant on the growth of America’s oil and natural gas industries: Since 2008, America’s crude oil production has surged by 70 percent, rising from an average of 5 million barrels per day in 2008 to 8.6 million… Continue Reading

Environmental Groups Sue State of Ohio Over Drilling Waste Permits

Posted in Energy
The Columbus Dispatch reports that two environmental groups have sued the State of Ohio, alleging that ODNR wrongfully issued 30 permits allowing the storage and treatment of waste associated with oil and gas drilling: The lawsuit asks the Franklin County Court of Appeals to revoke the permits, thus closing the waste-handling sites, and order the Department… Continue Reading

A Moral Defense of Fossil Fuels

Posted in Energy
In the Pittsburgh Tribune-Review, author Alex Epstein makes a compelling argument for fossil fuels. Epstein argues that fossil fuels were "used to create the technological and economic advances that took us from no indoor plumbing to landing on the moon in less than 200 years": The trend is striking: Increased fossil fuel use correlates with… Continue Reading

Coal Plants Get New Lease on Life with Natural Gas

Posted in Energy
National Geographic reports on the growing number of coal power plants converted to run on natural gas: In the past four years, at least 29 coal units in 10 states have switched to natural gas or biomass, according to SNL Financial, a market data firm. Another 54 units, mostly in the U.S. Northeast and Midwest, are… Continue Reading

Sunoco to Build 2.4 Million Barrel NGL Storage Facility Outside of Philadelphia

Posted in Energy
Reuters reports that Sunoco Logistics Partners is seeking Pennsylvania’s approval to build cryogenic tanks at a site outside of Philadelphia. The tanks will be capable of storing up to 2.4 million barrels of natural gas liquids. Earlier this month, Sunoco announced it was proceeding with a $2.5 billion pipeline project—dubbed Mariner East 2—which will bring… Continue Reading

Supreme Court of Ohio Accepts Appeal in Two DMA Cases

Posted in Energy
As a follow-up to our post from June, the Supreme Court of Ohio accepted the appeal in Swartz v. Householder and Shannon v. Householder, two related cases involving the 1989 version and the 2006 version of the Ohio Dormant Mineral Act (DMA). The Court will consider the following issues: (1)  whether the 1989 DMA is… Continue Reading

Keystone XL Pipeline Bill Defeated in Senate

Posted in Energy
From the Washington Post: "On a 59 to 41 vote, Landrieu lost her bid to pass legislation meant to compel the Obama White House to approve the nearly 1,700-mile, $7.6 billion Keystone XL pipeline, which if built would deliver 830,000 barrels of oil a day from western Canada into the American heartland." Read the full… Continue Reading

Halliburton to Buy Baker Hughes for Nearly $35 Billion

Posted in Energy
From Reuters: Halliburton Co said on Monday it will buy Baker Hughes Inc for about $35 billion in cash and stock, creating an oilfield services behemoth to take on market leader Schlumberger NV as customers curb spending on falling oil prices. Halliburton expressed confidence that the tie up of the No. 2 and No. 3… Continue Reading

Shale Boom Not Slowing Down Despite Price Slump

Posted in Energy
From Bloomberg: "The U.S. shale boom does not appear to be slowing in response to the oil-price slump, with the country’s output of petroleum liquids rising above 12 million barrels a day for the first time, according to the International Energy Agency. U.S. production of crude oil, condensate and natural gas liquids climbed to 12.2… Continue Reading

Drilling Water Withdrawal Impact “Negligible”

Posted in Energy
From the Akron Beacon Journal: Drillers in eastern Ohio’s Utica Shale have withdrawn nearly 136 million gallons of water from three reservoirs in 2014. The water was taken from Piedmont, Clendening and Seneca lakes, according to a new report from the Muskingum Watershed Conservancy District. That volume — a 22.5 percent increase from 2013’s total… Continue Reading