The Fifth Circuit has confirmed the old adage that liens “ride through” bankruptcy regardless of a discharge. Reversing a Texas bankruptcy court, the Circuit Court has held that a statutory privilege (a lien) against property...more
On May 29, 2025, the Supreme Court issued its decision in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al. This decision held that agencies are afforded substantial deference in National...more
When your neighbor's wastewater tanks your oil wells, when exactly can you sue? A Texas court wrestles with a timing question reshaping industry battles....more
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
In a watershed ruling, the El Paso Court of Appeals extends "waste" liability under the Nat. Res. Code to commercial disposal well operator—potentially increasing exposure for this critical wastewater industry—while...more
We begin with a word from your sponsor. After enduring several generative AI tutorials, we urge you to keep on reading Energy and the Law. Why? Our blog is more accurate, at least a little “fun”, offers insightful musical...more
Alas, we might never know. Opiela v. Railroad Commission of Texas and Magnolia Oil & Gas Operating, was a challenge to the Commission’s authority to issue permits for allocation wells and wells drilled under Production...more
On November 7, 2024, several Pennsylvania state senators from oil and gas producing regions introduced Senate Bill 1346 of 2024, which proposes to change the way that revenues from Pennsylvania’s unconventional well fee are...more
If you follow the Texas Railroad Commission closely, you should read Ammonite Oil & Gas v. Railroad Commission of Texas, in which the Supreme Court rejected a mineral owner’s effort to force pool an interest under the Mineral...more
Governor Gavin Newsom on September 29 signed Assembly Bill (AB) 98 into law. The bill, which faced opposition from business groups, local governments, and environmental justice advocates, forbids cities and counties from...more
It has the origins of a great American Success Story – in 1886, in the midst of the Second Industrial Revolution, a vast reservoir of oil was found in Lima, Ohio, prompting legendary entrepreneur John D. Rockefeller to hire...more
In April of 2024, the Railroad Commission of Texas (“RRC”) posted a year-end review of production for the year of 2023. According to the RRC, Texas oil and gas production reached record highs in the year of 2023....more
In a published decision filed September 6, 2024, the First District Court of Appeal (Div. 5) reversed the trial court’s judgment granting a writ of mandate and upheld the use of CEQA’s Class 1 categorical exemption (CEQA...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
In Ammonite Oil & Gas Corp. v. R.R. Comm’n of Tex., the Texas Supreme Court held that the Railroad Commission (the “RRC”) did not abuse its discretion in denying a “muscle in” application under the Texas Mineral Interest...more
On 15 July 2024, 10 days into the UK Labour Government, the North Sea Transition Authority (“NSTA”, formerly known as the Oil and Gas Authority) announced that its Directorate of Regulation is opening an investigation into...more
As oil and natural gas are produced, brine and other wastewater are brought to the surface. This waste is then disposed of by Class II injection wells, categorized into three subclasses: saltwater disposal wells, enhanced...more
A report published last week by the U.S. Environmental Protection Agency (EPA) concluded that the former Exide Technologies battery recycling plant and surrounding properties in southeast Los Angeles County qualify for...more
In a landmark judgment handed down on 20 June 2024, R (Finch) v Surrey County Council and others [2024] UKSC 20, the Supreme Court of the United Kingdom has ruled that “Scope 3” greenhouse gas (GHG) emissions resulting from...more
Enacted in 1981, the Louisiana Oilfield Anti-Indemnity Act (LOAIA) renders “void and unenforceable” certain contractual defense and indemnification provisions in “agreement[s] pertaining to a well for oil, gas, or water, or...more
A coalition of 17 states led by Nebraska is suing California for creating ZEV standards for trucking fleets, saying the state’s rule violates the Constitution’s Commerce Clause. California’s Advanced Clean Fleets regulation,...more
Greenwashing Beef Production - On February 28, New York State Attorney General (NYAG) Letitia James filed a lawsuit with the New York Supreme Court against meat processing company JBS USA for misleading the public about its...more
The U.S. Department of Energy (DOE) and U.S. Environmental Protection Agency (EPA) signaled in mid-February 2024 that they plan to release a Funding Opportunity Announcement (FOA) to issue $1 billion through financial...more
Recently, the United States Environmental Protection Agency ("EPA") signed a final rule granting the State of Louisiana's request for primary responsibility for the permitting, compliance, and enforcement of Class VI (deep...more
On December 14, 2023, Alberta's Minister of Environment and Protected Areas (EPA), Rebecca Schulz, announced the launch of two new pilot projects aimed at improving and expediting the well site reclamation process in the...more