Regulatory

King & Spalding provides clients with comprehensive counseling and representation on every type of energy regulatory matters. The practice pairs a hyper-awareness of the ever-changing requirements that govern the industry with vast experience as both an advisor and an advocate in court.Learn more

186 ArticlesRegulatory

by: Andrew Stakelum

In ruling that the Texas Railroad Commission possessed neither exclusive nor primary jurisdiction over landowner oilfield contamination claims, the Texas Supreme Court removed a significant obstacle to obtaining money damages in courts. Read more

by: Nina Howell

In March 2017 the UK Government published a Discussion Paper highlighting the fiscal issues preventing the transfer of late-life oil and gas assets on the UKCS, and soliciting feedback from industry stakeholders. The Discussion Paper is part of the UK Government’s strategy to maximise economic recovery from older fields in the UK North Sea. Tags/Keywords – these are topical buzz- or key-words that correspond with article post (separate tags with Read more

by: Carol Wood and Kathryn Marietta

Attracting more than 130 attendees from all over the country, King & Spalding’s first Energy Forum for 2017 held at the Houstonian Hotel in Houston tackled one of the most important issues facing the industry: Decommissioning and abandonment of oil and gas assets in upstream operations.Read more

by: Lynn Kerr McKay and Rachel Tennis

On December 1, 2016, EPA signed a proposed rule setting forth financial responsibility requirements for the hardrock mining industry under Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). The energy industry, among others, will also find this proposed rule of interest because, on the same day, EPA announced its intention to move forward with the regulatory process for three other classes of facilities: chemical manufacturing, petroleum and coal products manufacturing, and electric power generation, transmission, and distribution. Read more

by: Rachel Tennis, Lynn Kerr McKay, Stephen McCullers and James Vines

Under a D.C. Circuit court order, EPA must propose new financial assurance requirements for the hard-rock mining industry—and identify industries next up for regulation—by December 1, 2016. There are a number of key issues that industry should consider when reviewing EPA’s forthcoming proposal.Read more

by: Stephen McCullers

The Bureau of Ocean Energy Management (BOEM) recently announced significant changes in how it determines the amount of financial assurance required to secure offshore decommissioning obligations.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: 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: Cynthia AM Stroman

EPA’s recently issued final rule on methane emissions from the oil and gas industry demonstrates EPA’s preference for newer technologies over more traditional emissions control methods.Read more