On Monday May 4, 2020, the Department of Commerce issued a news release announcing the start of a Section 232 investigation on imports of “Laminations and Wound Cores for Incorporation Into Transformers, Electrical Transformers, and Transformer Regulators.” This investigation is effectively an examination of whether or not to expand the current Section 232 tariffs on
In December of 2016, Illinois Governor Bruce Rauner signed into law the Illinois Future Energy Jobs Act (Energy Act). One principal purpose of the Energy Act is to add a new Zero Emissions Credit to Illinois’ existing Renewable Portfolio Standard (RPS). The new Zero Emissions Credit received a lot of media coverage because it is designed to provide additional compensation to Illinois’ operating nuclear power plants. Because the costs for the credit will be paid for as a pass-through charge via a tariff by Illinois’ electric utilities, Illinois businesses will undoubtedly see their costs for procuring electricity increase.
In addition to creating the credit, the Energy Act also
Continue Reading Illinois Act Encourages Growth of Commercial-Scale Solar
There has been a tremendous amount of commentary and analysis recently about the dramatic increase in oil and gas activity and production in the Permian Basin, the SCOOP/STACK plays in Oklahoma and even the Eagle Ford Basin. There has been much less written about how the “recovery” has impacted oil and gas activity in the Williston Basin in North Dakota.
Last Friday, the North Dakota Industrial Commission Department of Mineral Resources released its “Director’s Cut” which contains
Continue Reading Oil Production Recovery Slow to Hit North Dakota
Recently, there has been significant media attention given to the idea of the forced pooling of oil and gas interests. In addition, there is legislation pending in the Colorado legislature that could alter the concept of forced pooling in the state. Despite this attention, many people do not understand the concept of pooling or why it is important to oil and gas development.
At its most basic, pooling is
Continue Reading What is “Forced” Pooling and Why is it Important?
The U.S. Environmental Protection Agency has asked a federal appellate court to hold in abeyance an ongoing legal challenge to Obama-era methane emissions standards for new and modified sources in the oil and gas sector as EPA considers whether to change the standards or abandon them altogether. (Am. Petroleum Inst. v. EPA, D.C. Cir., 13-1108). The methane rule, finalized in 2016, established New Source Performance Standards (NSPS) for methane emissions at new, modified and reconstructed oil and gas wells. Dozens of states and industry groups filed legal challenges
Continue Reading EPA Asks Court to Halt Methane Suit
Yesterday, the United States District Court for the Western District of Oklahoma issued an order granting the motions to dismiss of three oil and gas operator defendants, Chesapeake Energy, Devon Energy, and New Dominion, in an action brought by the Sierra Club alleging that the operators’ activities “contributed, and continues to contribute, to an increase in earthquakes throughout the State of Oklahoma and in southern Kansas.”
Continue Reading Earthquake Lawsuit Rocked By Burford Abstention
Today, the Colorado Court of Appeals held that the Denver district court erred when it dismissed the suit of Colorado youth who challenged the dismissal by the Colorado Oil and Gas Conservation Commission (the “COGCC”) of their rulemaking petition. Martinez v. Colorado Oil and Gas Conservation Commission, 2017COA37 (March 23, 2017). The district court had affirmed the COGCC’s dismissal concluding that the COGCC lacked the authority to consider a proposed rule that would require the COGCC to adjust the balance between the development of oil and gas resources and the protection of public health, safety, and welfare under the Oil and Gas Conservation Act (the “Act”).
The court of appeals concluded
Continue Reading Kids’ Climate Suit Can Move Forward in Colorado State Court
Consistent with campaign pledges from President-elect Donald Trump, Congressional Republicans are wasting no time in targeting key environmental regulations established during the Obama administration. On January 6, House Republicans used the Congressional Review Act (CRA) to target the Environmental Protection Agency’s rule, finalized last year, seeking to reduce methane emissions from new, modified and reconstructed oil and gas wells. Among other provisions, the rule established
Continue Reading Congressional Republicans Waste No Time in Targeting Obama Environmental Rules
We’ve previously discussed some of the many factors that influence oil and gas prices – geopolitical events, the value of the dollar, OPEC – all of which are important and from time to time significant. At times, though, in seeking to understand oil and gas prices, we should remember
Continue Reading Oil Prices and Occam’s Razo
Yesterday, President Obama, acting under the authority of the Outer Continental Shelf Lands Act (the “Act”), issued a Presidential Memoranda effectively withdrawing large portions of the Arctic and Atlantic Oceans from new oil and gas drilling. As reflected in several cabinet-level appointments and nominations by President-elect Trump, the new administration likely will have a much friendlier approach to oil and gas operations both on and offshore. Thus, the pertinent question is:
Continue Reading Oil Drilling Banned in Large Portions of the Atlantic and Arctic Oceans – But for How Long?