Important Case on Subsurface Trespass Pending before the Texas Supreme Court

by: C. Brannon Robertson

In Texas, exploration and production companies are generally shielded from subsurface trespass liability when they use fluids to stimulate production. Whether they ...

Read moreImportant Case on Subsurface Trespass Pending before the Texas Supreme Court

by: Tim Burbury and Timothy Smith

The resurgence of private financing for major infrastructure projects, including public private partnerships, in Saudi Arabia and the rest of the Gulf Cooperation Council, means it is now more crucial than ever for governments and procuring authorities to ensure their tendering processes are structured properly. We provide our Top 10 tips for tendering major infrastructure projects.Read more

by: Cynthia AM Stroman

The Pipeline and Hazardous Material Safety Administration (PHMSA) recently issued a proposed rule to expand oil spill response plan (OSRP) requirements for railroads transporting oil. Although stakeholders may have already provided input on an advanced notice of proposed rulemaking issued by PHMSA in 2014, the new proposal offers a more targeted, and potentially more effective, opportunity to address important open issues – including protection of security sensitive real-time transportation information, response times, and response resource capacity.Read more

by: Nina Howell and Jessica Trevellick

The English Courts recently confirmed the meaning of the phrase “commencement of drilling” in an oil and gas asset transaction to mean the penetration of the seabed with the drill, and not other preparatory activities. Read more

by: Philip Weems

LNG disputes are on the rise across the globe due to many factors. These disputes involve many types of parties, including buyers, sellers, project sponsors, customers, and governments. This article explores the nature of disputes that are becoming more frequent in the LNG industry.Read more

by: Michael Andrews

The Senate and the House have each passed comprehensive energy bills, which are aligned in many ways. Congress will now begin the task of reaching a compromise between the two bills. Read more

by: Neil Levy, David Tewksbury, Bruce Richardson and Stephanie Lim

FERC issued a notice of proposed rulemaking addressing the collection of certain data from sellers making sales at market-based rates and entities trading virtual products or holding financial transmission rights. The NOPR also proposes changes to FERC’s requirements with respect to other information submitted for market-based rate purposes. Read more

by: Rory Connor and Kenneth Culotta

Project financing is a challenge for nuclear projects. This article explores issues of construction risk, debt repayment from future revenues, and how small module reactors may help alleviate some of these issues. Read more

by: Cynthia AM Stroman and James Bowe

On June 22, 2016, the Protecting Our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (PIPES Act) was signed into law. The new law reauthorizes the Pipeline and Hazardous Materials Safety Administration (PHMSA) for four years, but more importantly, it identifies new priorities for the agency, grants more extensive authority to act quickly to address imminent hazards, mandates increased stakeholder engagement, and requires more frequent reporting to facilitate Congressional oversight.Read more

by: Cynthia AM Stroman

On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the Act). Passed with significant bipartisan support, the Act is the first major update to a federal environmental statute in more than 20 years and the first update ever for the Toxic Substances Control Act (TSCA) of 1976. For many new or revised provisions, the Act establishes a timeline for the U.S. Environmental Protection Agency (EPA) to conduct rulemaking or take other action, but certain provisions took effect immediately. The revised requirements for confidential business information (CBI) claims are one such provision, with immediate implications for companies in the energy sector now preparing their reports under the 2016 Chemical Data Reporting (CDR) rule.Read more

by: Edward Ripley

The Sabine Bankruptcy Court’s decisions rejecting the gas gathering agreements as executory contracts and determining that certain agreements and commitments are not covenants that run with the land or equitable servitudes continue to affect E&P bankruptcies.Read more