News & Analysis as of

Natural Gas Oil & Gas

Gray Reed

Texas Royalty Owner Bears Postproduction Costs on Gas Sold at the Wellhead

Gray Reed on

City of Crowley v. TotalEnergies E&P USA, is a post-production cost (PPC) case with a predictable result. The Fort Worth Court of Appeals confirmed its reasoning in Shirlaine W. Props. Ltd. v. Jamestown Res., L.L.C from 2021,...more

BakerHostetler

Sierra Club v. FERC: An Application of Seven County Deference

BakerHostetler on

The D.C. Circuit issued its first precedential opinion interpreting the recent Supreme Court decision Seven County Infrastructure Coalition v. Eagle County, Colorado, 145 S. Ct. 1497 (2025)....more

Beveridge & Diamond PC

A Fifth Circuit Case on BACT Reflects Trend in Citizen Opposition to Gulf Coast Projects

Beveridge & Diamond PC on

Last week, the U.S. Court of Appeals for the Fifth Circuit upheld the Texas Commission on Environmental Quality’s (TCEQ) issuance of an amended New Source Review (NSR) air permit to multinational joint-venture Port Arthur...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Liquid Natural Gas Plant/Clean Air Act: Fifth Circuit Court of Appeals Addresses Challenge to Texas Commission on Environmental...

The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in an August 12th Decision a challenge to a Clean Air Act Prevention of Significant Deterioration (“PSD”) Permit issued by the Texas...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 401/Clean Water Act: Energy Marketers of America (formerly PAA) EPA Requests for Comments Addressing Implementation

The trade association Energy Marketers of America (“EMA”) (formerly, Petroleum Association of America) submitted August 6 comments to the United States Environmental Protection Agency (“EPA”) addressing: Establishment of...more

Flaster Greenberg PC

Israel’s Energy Influence Expands Even During Gaza War

Flaster Greenberg PC on

Nearly two years after the Hamas massacre of October 7, 2023, and the resulting Gaza war that has further isolated Israel diplomatically, the Jewish State announced the largest export deal in its history. Originally...more

McGinnis Lochridge

When Force Majeure Isn't Enough: The Causation Trap That Cost Kinder Morgan $100 Million

McGinnis Lochridge on

In case you somehow forgot, the 2021 Valentines Day storm coined “Snovid,” “Snowmageddon,” or officially labeled Winter Storm Uri, blanketed Texas in snow and ice, even bringing snowfall to Galveston Beach. As temperatures...more

Houston Harbaugh, P.C.

Colored Horses, Toxic Brews and Lithium Too?

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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights, V 9, Issue 7, July 2025

Volume 9, Issue 7 Welcome to our seventh issue of Currents 2025. In this issue, we look at the changing tides for coal, the new NEPA procedures, West Virginians desire for lower cost energy, southwestern Virginia's newest...more

Perkins Coie

FERC Meeting Agenda Summaries for July 2025

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's (FERC or the Commission) open meeting to be held on July 24, at 10:00 a.m. ET. The summaries below are based on publicly...more

Troutman Pepper Locke

FERC Temporarily Raises Cost Limits for Blanket Certificate Pipeline Projects to $61.65 Million

Troutman Pepper Locke on

On June 18, 2025, FERC temporarily raised the cost limits for blanket certificate natural gas pipeline projects constructed and placed into service by May 31, 2027, from $41 million to $61.65 million. Citing what it called a...more

Akin Gump Strauss Hauer & Feld LLP

Presidential Permit Authorizing Steel Reef US Pipelines LLC to Operate and Maintain Pipeline Facilities at Burke County, North...

Authorizes Steel Reef US Pipelines LLC to operate and maintain existing cross-border pipeline facilities in Burke County, North Dakota, for the export of natural gas liquids to Canada, subject to federal oversight, safety,...more

Perkins Coie

FERC Meeting Agenda Summaries for June 2025

Perkins Coie on

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's (FERC or the Commission) open meeting to be held on June 26, at 10:00 a.m. ET....more

Houston Harbaugh, P.C.

You Can’t Have Two Main Characters

Houston Harbaugh, P.C. on

In a June 13, 2025 decision, the Pennsylvania Commonwealth Court held that a municipality impermissibly granted conditional use approval to an oil and gas well pad and interconnect facility on tax lots that were already...more

Holland & Knight LLP

Up in the Air: SCOTUS Creates New Venue Test for Clean Air Act Cases

Holland & Knight LLP on

The U.S. Supreme Court issued a pair of decisions in EPA v. Calumet Shreveport Refining and Oklahoma v. EPA on June 18, 2025, resolving two related circuit splits regarding proper venue for challenging certain U.S....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and White County Compressor...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Merit Energy Company, LLC (“Merit”) entered into a May 15th Consent Administrative Order (”CAO”) addressing an alleged...more

Vinson & Elkins LLP

Texas Supreme Court Clarifies Ownership of Salt Caverns

Vinson & Elkins LLP on

On May 16, 2025, the Texas Supreme Court issued a decision ruling that, absent specific contractual language, surface owners retain ownership of the caverns created by salt mining operations. The issue of ownership of salt...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Gas Pipeline Code/Arkansas Public Service Commission: Petition to Initiate Rulemaking Addressing Proposed Revisions Filed

A Petition to Initiate a Rulemaking Docket (“Petition”) has been filed before the Arkansas Public Service Commission (“APSC”) by the General Staff. See Docket No. 25-025-R. The Petition proposes to make changes to the...more

Beveridge & Diamond PC

PHMSA Solicits Feedback on Regulatory Reform of Pipeline Safety Regulations

The Pipeline and Hazardous Materials Safety Administration (PHMSA) published an Advance Notice of Proposed Rulemaking (ANPRM) asking for stakeholder feedback on Pipeline Safety Regulations (PSR) that unduly burden the...more

Gray Reed

Two Words = Six Million Dollars: SCOTX Reverses Trial Court That Added Words to a Gas Transportation Agreement

Gray Reed on

In American Midstream (Alabama Intrastate), LLC v. Rainbow Energy Marketing Corporation, the Texas Supreme Court held that the trial court improperly inserted the words “scheduled” and “physical” into a contract. By...more

Troutman Pepper Locke

Fifth Circuit Finds ANR Pipeline’s Tariff Does Not Require Simultaneous Delivery for Short-Notice Shipments

Troutman Pepper Locke on

On May 22, 2025, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed a dispute between ANR Pipeline Company (“ANR”) and FERC. The case centered on the interpretation of ANR’s tariff and whether it...more

Houston Harbaugh, P.C.

Sixth Circuit Rules That Driller Must Establish Marketability of Each Gas Product Under Market Enhancement Clause

Houston Harbaugh, P.C. on

Let’s assume you own 105 acres in Greene County, Pennsylvania. In 2020, you signed an oil and gas lease with ABC Exploration. During the negotiations, you agreed that only those post-production costs which actually...more

Houston Harbaugh, P.C.

The Law of Unintended Consequences?

Houston Harbaugh, P.C. on

Pennsylvania Senate Bill 102 Moves Forward- On May 12, 2025, Pennsylvania Senate Bill 102 was referred to the Pennsylvania Senate Appropriations Committee. The draft legislation had originally been referred to the...more

Vinson & Elkins LLP

Redrawing the Map – Energy Provisions in Proposed Budget Bill Seek to Shift the Future of Federal Infrastructure Policy

Vinson & Elkins LLP on

On May 22, 2025, the House passed budget reconciliation legislation referred to as “The One, Big, Beautiful Bill” (the “Bill”). As currently written, the Bill would reshape key aspects of federal energy policy by targeting...more

Akin Gump Strauss Hauer & Feld LLP

Senate Subcommittee Considers Pipeline Safety Reauthorization Amid Ongoing PHMSA LNG Rulemaking

On Thursday, May 15, the Senate Commerce, Science & Transportation Subcommittee on Surface Transportation, Freight, Pipelines and Safety held a hearing titled, “Pipeline Safety Reauthorization: Ensuring the Safe and Efficient...more

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