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Statutory Interpretation Oil & Gas

Gray Reed

Department of the Interior Fails to Give Fair Notice of its Administrative Action

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If you are the type to be preoccupied with the drudgery nuances of federal statutory and regulatory interpretation, or if you have a fetish for acronyms, I recommend that you read all 41 spellbinding pages of W&T Offshore v....more

Holland & Hart LLP

Significant Industry Victory in Federal Offshore Royalty Dispute

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In a recent 44-page ruling, the Interior Board of Land Appeals (Board) vacated in full, without remand, an Order to Perform Restructured Accounting and Pay (Order) issued by the Office of Natural Resources Revenue (ONRR) that...more

Vinson & Elkins LLP

EPA Restores Viability of RFS Small Refinery Exemption, Signals New Policy Approach Moving Forward

Vinson & Elkins LLP on

On August 22, 2025, the Environmental Protection Agency (“EPA”) announced decisions on 175 small refinery exemption (“SRE”) petitions stretching back over the last four years. EPA’s scorecard reads that 63 petitions were...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

Emerging Developments in the Treatment and Beneficial Use of Produced Water in Texas

Beveridge & Diamond PC on

Key Developments - At the end of the legislative session, Texas Governor Greg Abbott signed House Bill 49, limiting tort actions relating to the beneficial use of produced water, a byproduct of oil and gas extraction....more

Oliva Gibbs

Murky waters: Wading through Texas law and the future of produced water

Oliva Gibbs on

Texas produces more than just oil and gas. Every day, millions of gallons of produced water are generated as a byproduct of oil and gas production. Once viewed strictly as a waste product, produced water is now at the center...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

Blake, Cassels & Graydon LLP

Un tribunal de l’Alberta annule des décisions ministérielles liées aux redevances sur les sables bitumineux

Dans le cadre du contrôle judiciaire dont faisait l’objet l’affaire Imperial Oil Resources Limited v. Alberta (Minister of Energy) (en anglais seulement), la Cour du Banc du Roi de l’Alberta (la « Cour ») a annulé plusieurs...more

Akin Gump Strauss Hauer & Feld LLP

DC Circuit Embraces Seven County in FERC Pipeline Review Proceeding

In Sierra Club v. FERC, No. 24-1199 (D.C. Cir. Aug. 1, 2025), the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) upheld the Federal Energy Regulatory Commission’s (FERC) approval of a 1,000-foot...more

Gray Reed

Texas Court Splits Family Timber Land Over Heir’s Objections

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“He who comes for the inheritance is often made to pay for the funeral”.* When heirs inherit property together and can’t agree on its use, Texas courts strongly prefer dividing the land physically rather than forcing a sale,...more

BakerHostetler

More ‘Big Beautiful’ Leasing in the Gulf of America

BakerHostetler on

Section 50102 of the OBBBA makes changes affecting what Section 18 of the OCS Lands Act calls the Five-Year Oil and Gas Leasing Program. Although the program is accompanied by thousands of pages of analysis, it is a one-page...more

Oliva Gibbs

Get back in your lane: North Dakota Supreme Court limits NDIC’s adjudicatory authority over saltwater gathering disputes

Oliva Gibbs on

In a rare rebuke of the North Dakota Industrial Commission (“NDIC”), the Supreme Court held that saltwater gathering is a post-production cost — and that the NDIC lacks authority to adjudicate disputes over such costs between...more

Gray Reed

Another Louisiana Post-production Cost Case … and More

Gray Reed on

Dow Construction, LLC v. BPX Operating Company resolved a bundle of issues arising out of a drilling unit established by the Louisiana Commissioner of Conservation: who has the right to a drilling cost report, the operator’s...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court Limits Scope of Judicial Review in NEPA Cases

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

McGinnis Lochridge

26-Step Mechanical Framework For Interpreting Deeds? Texas courts reject "mechanical" deed interpretation while creating a 28-step...

McGinnis Lochridge on

The El Paso Court of Appeals recently published an opinion that provides what might be characterized as 26-step step system for analyzing a deed that (perhaps inadvertently) highlights a growing irony in Texas jurisprudence....more

Gray Reed

It’s Been Decided, In Texas the Mineral Lessee, Not the Surface Owner, Owns Produced Water

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In Cactus Water v. COG Operating, the Supreme Court affirmed that mineral lessee COG, not water rights owner Cactus (who derived it rights from the surface owner), has the right to possession, custody, control, and...more

Morgan Lewis

Supreme Court to Resolve Federal Officer Removal Circuit Split in WWII Contracts Case

Morgan Lewis on

The US Supreme Court on June 16, 2025 granted certiorari for an appeal from a divided opinion by the US Court of Appeals for the Fifth Circuit relating to the federal officer removal statute. The appeal comes after a jury...more

Blake, Cassels & Graydon LLP

Alberta Court Declares Ministerial Decision Under Oil Sands Royalty Regime Unfair and Unreasonable

In a judicial review, the Alberta Court of King’s Bench, in Imperial Oil Resources Limited v. Alberta (Minister of Energy), overturned decisions (Decisions) made by a delegate of the Minister of Energy, the Director of...more

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

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a June 5th interpretive letter the application of the Hazardous Materials Regulations (“HMR”) applicable to reclassifying a...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

WilmerHale

SCOTUS to Decide the Scope of Federal Officer Removal for Federal Contractors

WilmerHale on

On Monday, June 16, 2025, the U.S. Supreme Court granted certiorari in Chevron U.S.A. Inc. v. Plaquemines Parish, a case about the extent to which federal contractors can remove lawsuits to federal court under the federal...more

Moore & Van Allen PLLC

Course Correction: U.S. Supreme Court Removed Roadblock for Railroad Construction Project, Requiring Substantial Deference to...

Moore & Van Allen PLLC on

A "Course Correction" of NEPA Review - In an 8-0 judgment, the U.S. Supreme Court recently struck down the D.C. Circuit Court of Appeals decision that had vacated the U.S. Surface Transportation Board’s (the “Board”)...more

Jones Day

U.S. Supreme Court Instructs Courts to Provide "Substantial Deference" to Agencies in NEPA Cases

Jones Day on

On May 29, 2025, the U.S. Supreme Court decided Seven County Infrastructure Coalition v. Eagle County, clarifying the standards for judicial review of challenges to agency action under the National Environmental Policy Act...more

Akerman LLP

NEPA Requirements Narrowed in New SCOTUS Ruling

Akerman LLP on

On May 29, 2025, the U.S. Supreme Court (SCOTUS) issued an opinion in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al., which narrowed the requirements of environmental review under the National...more

(ACOEL) | American College of Environmental...

NEPA, Supreme Court base here. The Eagle (County) has landed.

On May 29, 2025, the Supreme Court—minus recused Justice Neil Gorsuch—decided Seven County Infrastructure Coalition v. Eagle County, the first major NEPA dispute before the Court in 20 years. It’s a really big deal—coverage...more

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