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Inflation Reduction Act
Texas Regulators Take First Steps to Acquire Greenhouse Gas Permitting Authority
On October 4th, the Texas Commission on Environmental Quality (TCEQ) released a preliminary draft of a proposal to establish greenhouse gas (GHG) permitting regulations for the state of Texas. This action kicks off what is likely to be a lively...
Pooled Units and the Implied Surface Easement
On January 7, 2013, the Court of Appeals for the First District of Texas (Houston) (the " Court ") held that under Texas law the implied surface easement inherent in the mineral estate limited the mineral estate owner's right to...
EPA Releases Testing, Reporting and Compliance Deadlines for Oil and Gas Storage Tanks
Yesterday, the United States Environmental Protection Agency (EPA) published in the Federal Register final amendments to sections of its 2012 New Source Performance Standard OOOO (NSPS OOOO) applicable to storage vessels used in the production, processing, transmission and storage of...
Court Rules That Patent Infringement Can Violate Antitrust Laws
Patent infringement can be considered anticompetitive conduct under federal antitrust law, according to a recent ruling issued by the U.S. District Court for the Eastern District of Texas. This ruling arose out of a dispute between Retractable Technologies, Inc. (Retractable)...
Coast Guard Looks to Expand Safety and Environmental Management Systems to Vessels on the OCS
On September 10, 2013, the U.S. Coast Guard published an Advance Notice of Proposed Rulemaking (APNRM) in the Federal Register stating its intent to propose regulations that will require vessels engaged in exploration, development or production activities on the Outer...
Number Four "“ DOE Approves LNG Exports for Cove Point
On September 11, 2013, the Department of Energy ("DOE") issued an order authorizing Dominion Cove Point, LNG, LP ("Cove Point") to export to non-Free Trade Agreement ("FTA") countries up to 0.77 Bcf/day of domestically produced liquefied natural gas. This is...
Important Energy Reform Submitted by Mexico's President
On August 12, 2013, Mexican President Enrique Peña Nieto submitted a highly anticipated constitutional reform proposal to the Mexican Congress for purposes of restructuring the Mexican energy sector, including oil, gas, petrochemical, and power, by allowing greater private participation in...
Important Energy Reform Submitted by Mexico's President
On August 12, 2013, Mexican President Enrique Peña Nieto submitted a highly anticipated constitutional reform proposal to the Mexican Congress for purposes of restructuring the Mexican energy sector, including oil, gas, petrochemical, and power, by allowing greater private participation in...
Checking Off the List: DOE Approves a Third Non-FTA LNG Export Authorization
The Department of Energy ("DOE") recently issued its third order authorizing the export of liquefied natural gas ("LNG") to non-Free Trade Agreement ("FTA") countries. This latest order, for Lake Charles Exports, LLC ("Lake Charles"), will allow exports of up to...
SEC Fraud Charges Against School District Demonstrate Increased Focus on Disclosure Compliance by Municipal Issuers
On July 29, 2013, the Securities and Exchange Commission announced that it had charged an Indiana school district and its underwriter with securities fraud for falsely stating in a 2007 offering document that the issuer was in compliance with its...
CFTC Exercises Disruptive Trading Authority for the First Time
By order dated July 22, 2013, the Commodity Futures Trading Commission ("CFTC" or "Commission") settled charges against Panther Energy Trading LLC and its principal Michael Coscia for engaging in the disruptive trading practice known as "spoofing." The CFTC charged that...
CFTC Exercises Disruptive Trading Authority for the First Time
Bob Pease served as team leader and one of the authors of the CFTC Disruptive Trading Interpretive Guidance and Policy Statement that put into place the spoofing rule. By order dated July 22, 2013, the Commodity Futures Trading Commission (CFTC...
Backing Fracking: UK Government Announces Shale Gas Incentives
The UK Government has demonstrated its commitment to the establishment of a shale gas industry by announcing details of proposed tax incentives to be offered to project developers. Guidance relating to the planning process for obtaining project approvals has also...
FERC Requires Filing of Additional Oil Pipeline Rate Base Information
On July 18th, the Federal Energy Regulatory Commission ("FERC") approved a final rule that makes substantive changes to the components of FERC Form 6, which interstate oil pipelines are required to file each year. [1] The rule requires additional reporting...
Experts: Bankruptcy May Give Detroit Chance to Start Fresh
[video] Detroit, once the prosperous home of the U.S. auto industry, has gone bankrupt. It is the largest city in U.S. history to seek protection from creditors while it negotiates a plan to reorganize. Detroit's troubles reflect the loss of...