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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. By Carlos J. CWA §402(l)(2). EPA subsequently issued regulations implementing this exemption. 40 CFR §122.26(c)(1)(iii).

Oil 40
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Ninth Circuit Vacates EPA Rule Excepting Oil and Gas Construction Discharges from NPDES Permitting

The Energy Law

By Claire Bienvenu On May 23, 2008, the Ninth Circuit vacated EPA’s rule exempting discharges of sediment resulting from oil and gas construction activities from National Pollutant Discharge Elimination System (NPDES) permit requirements. 06-73217 (9th Cir.

Oil 40
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Texas Supreme Court Update: Boundary Dispute Between Leasehold Owner and Lessees of Adjacent Tract

The Energy Law

In 2008, Samson’s landman prepared a Boundary Stipulation of Ownership of Mineral Interest between the Farmars (owners of the southeast-tract mineral estate) and the Richeys (owners of the northwest-tract mineral estate). Bringing to mind the infamous Hatfield-McCoy family feud, Concho Resources, Inc. See 2021 WL 1432222 (Tex.

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

The Energy Law

In 2008, Samson’s landman prepared a Boundary Stipulation of Ownership of Mineral Interest between the Farmars (owners of the southeast-tract mineral estate) and the Richeys (owners of the northwest-tract mineral estate). Bringing to mind the infamous Hatfield-McCoy family feud, Concho Resources, Inc. See 2021 WL 1432222 (Tex.

E&A 52
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EPA’s New Audit Program for New Owners of Upstream Oil and Natural Gas Facilities

The Energy Law

Environmental Protection Agency (EPA) announced it had finalized a voluntary disclosure program for new owners of upstream oil and natural gas exploration and production facilities. 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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U.S. House of Representatives Passes Energy Bill

The Energy Law

Subtitle E amends the FOGRMA of 1982 to repeal royalty overpayment interest for lessees by the federal government and mandates that when royalty adjustments are made resulting in an underpayment by lessee the royalty obligation clock starts when the date the adjustment is taken.

Royalty 40
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Supreme Court of Pennsylvania Weighs in on Hydraulic Fracturing and Subsurface Trespass

The Energy Law

The first is a 2008 Texas Supreme Court decision in which the court framed the issue as “whether subsurface hydraulic fracturing of a natural gas well that extends into another’s property is a trespass for which the value of gas drained as a result may be recovered as damages.” [2] Chesapeake Appalachia, L.L.C. [4]