The Energy Law

MARCH 15, 2023

The lessees owned working interests in certain oil and gas leases that were executed in 2007. The leases contained the following royalty provisions: 3. The lessees paid royalties to the lessors based on their gross proceeds. The parties agreed that those additions back to the price received by the lessee were proper under the terms of the leases.

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The Energy Law

DECEMBER 17, 2019

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The Energy Law

MARCH 11, 2020

250, Subpart N, as support for the notion that “BSEE’s primary enforcement mechanisms for violations of the decommissioning regulations are civil fines and criminal penalties,” police powers to which Sojitz cannot subrogate. Sojitz Energy Venture, Inc. Union Oil Co. of California , 394 F. 3d 687 (S.D. Parker Drilling Co. , 611 (Bankr.

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The Energy Law

MARCH 27, 2020

Mechanical Integrity Pressure Testing (MIPT) : Mechanical Integrity Pressure Testing (MIPT) is designed to ensure protection of the Underground Sources of Drinking Water (USDW) from injection activities. Failure to timely submit reports could result in a Compliance Order with a civil penalty.

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The Energy Law

MARCH 25, 2020

Derivatives contracts typically provide for standard fallback mechanisms in the event of a disruption, including no-fault termination, but parties should confirm if the standard fallbacks have been modified in a confirmation or other documentation. Margin Calls. Companies should understand their options in advance and plan for alternatives.

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The Energy Law

MARCH 31, 2020

In January of this year, the Supreme Court of Pennsylvania tackled an issue that has been confronted by few other courts—whether the rule of capture precludes a claim for subsurface trespass due to hydraulic fracturing. [1] 2] Both the trial court and the appellate court awarded damages to the plaintiffs for the gas drained.

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The Energy Law

MARCH 23, 2016

While the current rule uses Best Available Control Technology (BACT) as the first and primary control mechanism (and to a lesser degree, emission credits), the proposed rule would allow use of other mechanisms to reduce emissions. On March 17, BOEM released a pre-publication version on their website. 1334(a)(8). 550.303(d).

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The Energy Law

APRIL 8, 2008

Mattel, Inc., 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.,

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The Energy Law

APRIL 5, 2018

On March 29, 2018, the United States Court of Appeals for the Third Circuit issued its ruling in In re: Petition of Frescati Shipping Co., as Owner of the M/T ATHOS I , Nos. 16-3552, 16-3867 & 16-3868 (3d Cir. ATHOS I had its genesis in a 2004 vessel allision and oil spill on the Delaware River between New Jersey and Pennsylvania. 2701, et seq.

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The Energy Law

AUGUST 10, 2015

Amended Rule 26(c)(1)(B) also explicitly provides for a cost-shifting mechanism allowing for the use of protective orders to shift the cost burden of discovery onto the requesting party. A complete set of the amended and adopted rules may be accessed by clicking here. [1] 2] This theme is embraced throughout the adopted amendments.

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The Energy Law

MARCH 28, 2020

This means, for example, that an NOL incurred for tax year 2017 could be carried forward to offset as much as 100 percent of taxable income for tax year 2018, rather than only 80 percent of such income, in order to obtain a refund of income tax paid for tax year 2018.

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