Law School Toolbox Podcast Episode 319: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Bar Exam Toolbox Podcast Episode 149: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Bar Exam Toolbox Podcast Episode 122: Listen and Learn -- Easements (Real Property)
Newsflash: Rockweed Not a Fish
Does the Texas Supreme Court’s Decision in Cactus Water Services v. COG Operating Provide Guidance About Lithium and Rare Earth Minerals Ownership in Pennsylvania? Lithium demand is expected to continue to increase as...more
Who has standing to challenge abandonment of a mineral interest under the Ohio Dormant Mineral Act (“DMA”)? Earlier this year in two cases, both styled Cardinal Minerals, LLC v. Miller, the 7th District Court of Appeals of...more
In the latest episode of the Resilience podcast, colleague Shellka Arora-Cox and Laura Pagliarulo, CEO and founder of SolaREIT, get down to the nitty-gritty in a discussion of the interplay of solar power capacity, generation...more
North Carolina enacted legislation in 2023 that imposes new state-level decommissioning and financial assurance requirements on owners of utility-scale solar projects. S.L. 2023-58. All utility-scale solar project owners will...more
The real takeaway from Pruett v. River Land Holdings LLC is the reminder that the Texas Railroad Commission cannot adjudicate questions of title. ...more
Montgomery Trustee v. ES3 Minerals and Echo Minerals is another Texas fixed or floating royalty case. Before diving into the details, perhaps it’s best to describe the pattern the courts seem to fall into to resolve these...more
At its May 13, 2024 open meeting the Federal Energy Regulatory Commission (FERC) unanimously approved Order No. 1977,[1] which updates the process FERC uses when exercising its transmission siting authority under Section 216...more
As the energy transition continues, battery energy storage has become an increasingly critical form of technology to support and maximize variable renewable energy resources such as wind and solar, and add a level of...more
Land rights and interests continue to be a prominent fixture in the legal landscape. Among other things, the ownership of highly sought-after pore space has been at the center of multiple property rights cases and legislation...more
First-generation solar and wind projects are quickly reaching the end of their useful lives. At the same time, an unprecedented number of new renewable-energy projects will be installed in the coming years. During this...more
In 2016, the Province of Alberta passed the Renewable Electricity Act, cementing its commitment to increasing the amount of green energy produced in Alberta, with a goal of 30 percent of Alberta's electricity coming from...more
Developing successful renewable energy projects begin with selecting the right project site. Securing site control using well drafted real estate contracts and conducting thorough real estate diligence can help identify...more
Many Pennsylvania oil and gas leases have what is commonly known as a “market enhancement” royalty clause. These clauses typically prohibit the deduction of any post-production costs that are incurred transforming the raw gas...more
Cable operators seeking access to existing utility easements on private property recently received some good news. ...more
Friday, February 28th, in Southwestern Electric Power Company v. Lynch et al., the Texas Supreme Court decided a hotly contested case regarding the interpretation of “general easements.” In Texas, the term “general easement”...more
With the significant recent development of thousands of miles of new interstate natural gas pipeline infrastructure in the United States, landowner rights have gained increasing attention, spurred by the eminent domain...more
Trump Admin Submits Final Rule to Kill Obama Clean Power Plan - "The new replacement rule to the Clean Power Plan, deemed the Affordable Clean Energy rule, aims to give states more time and authority to decide how to...more
On December 19, 2018, Ohio Governor John Kasich signed Ohio Senate Bill No. 263, which amended O.R.C. 4735.01 to exempt oil and gas land professionals (landmen) from the real-estate licensing requirement made necessary by the...more
Energy Companies to Appeal Loss of Forest Service Permit for Atlantic Coast Pipeline - "The builders of the $7 billion Atlantic Coast Pipeline say they will appeal a federal court ruling that invalidated a permit allowing...more
On September 25, 2018, the Supreme Court of Ohio issued its opinion which held that oil and gas land professionals must be licensed as real estate brokers in Ohio if they are engaged in obtaining oil and gas leases for other...more
On September 25, 2018, the Ohio Supreme Court issued its decision in Thomas Dundics v. Eric Petroleum, Slip Opinion No. 2018-Ohio-3826, holding that the plain language of Ohio Revised Code 4735.01 does not exclude oil and gas...more
State Files Motion to Dismiss Federal Lawsuit by EQT - "Lawyers representing the Secretary of the state Department of Environmental Protection have filed a motion to dismiss a lawsuit by the natural gas company EQT over a...more
The United States Department of Energy Office of Inspector General (“OIG”) issued a May 2018 Audit Report titled: The Federal Energy Regulatory Commission’s Natural Gas Certification Process (“Report”) ...more
Citing distinctions between hydraulic fracturing and conventional gas drilling, the Pennsylvania Superior Court held on April 2, 2018, in Briggs v. Southwestern Energy Production Company that the rule of capture does not...more
• The Federal Energy Regulatory Commission has unanimously voted to open a new Notice of Inquiry seeking input on whether – and, if so, how – it should update its existing policies and procedures for reviewing and issuing...more