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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).

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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.,

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Who Owns the Empty Space? Texas Supreme Court Affirms Surface Ownership of Salt Caverns in Landmark Ruling

Producer's Edge

" In 2008, USM acquired from Texas Brine Company "all of [Texas Brine Company's] right, title and interest, in and to all of the salt and salt formations only" on the property. Anadarko E&P Onshore, LLC, 520 S.W.3d Second, the parties disagreed over how to calculate Myers's royalty. Can a Cavern Be Owned?

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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.

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ARCO v. Christian: Supreme Court Allows State Law Claims for Restoration Damages in Excess of EPA Superfund Cleanup, but EPA Must Approve Any Additional Remedial Action

The Energy Law

In 2008, a group of 98 landowners whose property had allegedly been contaminated by the Anaconda Smelter site between 1884 and 1980 sued ARCO in Montana state court, alleging claims of nuisance, trespass, and strict liability, and seeking restoration damages. the diminution in value.

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