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Texas Supreme Court Update: Boundary Dispute Between Leasehold Owner and Lessees of Adjacent Tract

The Energy Law

The tables turned again at the Texas Supreme Court, which ultimately held that the boundary stipulation was valid and that the defendants conclusively established their ratification defense, but the case is still ongoing. Bringing to mind the infamous Hatfield-McCoy family feud, Concho Resources, Inc. See 2021 WL 1432222 (Tex.

E&A 52
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Texas Supreme Court Update: Boundary Dispute Between Leasehold Owner and Lessees of Adjacent Tract

The Energy Law

The tables turned again at the Texas Supreme Court, which ultimately held that the boundary stipulation was valid and that the defendants conclusively established their ratification defense, but the case is still ongoing. Bringing to mind the infamous Hatfield-McCoy family feud, Concho Resources, Inc. See 2021 WL 1432222 (Tex.

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You Cannot Just Read the Regulations to Understand Stormwater Permitting for Oil and Gas Activities!

The Energy Law

Moreno and Robert E. Holden EPA’s most recent NPDES regulations for stormwater permitting of oil and gas facilities were vacated by the Ninth Circuit in 2008 and new regulations have not been promulgated. 29, 2008); 77 Fed. Alternatively, in some cases, individual permits may be needed. By Carlos J. CWA §402(l)(2).

Oil 40
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U.S. Supreme Court Declines to Enforce Arbitration Provision Setting Forth Grounds for Judicial Review of Arbitration Award

The Energy Law

2008 WL 762537 (U.S. 2008), the Supreme Court held that the grounds for vacatur and modification of arbitration awards provided by §§ 10 and 11 of the Federal Arbitration Act (“FAA”) are exclusive. The case began as a lease dispute between a landlord, Hall Street Associates, LLC, and tenant, Mattel, Inc., Mattel, Inc.,

E&A 40
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Supreme Court of Pennsylvania Weighs in on Hydraulic Fracturing and Subsurface Trespass

The Energy Law

1] Prior to the Pennsylvania ruling, there were two seminal cases that have addressed the issue and reached conflicting results. The court found that an actionable trespass claim requires an injury and that the only claimed injury in this case—drainage of gas from beneath the plaintiff’s property—was barred by the rule of capture. [3]

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EPA’s New Audit Program for New Owners of Upstream Oil and Natural Gas Facilities

The Energy Law

In most cases, new owners will have nine months from the date of acquisition to notify EPA of their interest in participating in the program. 1, 2008) – which allow for the elimination of the gravity component of the penalty rather than the entire penalty. On March 29, 2019, the U.S. 44991 (Aug.

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Department of Interior Proposes New Financial Assurance and Decommissioning Regulations

The Energy Law

In most cases of default of a current lessee or owner of operating rights, BSEE will call upon a prior interest owner to perform the required decommissioning. BOEM issued the last and most controversial NTL, NTL No. 2016-N01, in 2016, which created widespread industry concern, and, as a result, was never fully implemented.