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HTMLEPA Expands Its Oversight of Oil and Gas Operations
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
October 20, 2016, previously published on October 2016
EPA directly regulates many aspects of oil and gas activity. Mainly, its regulatory authority relates to air emissions from a multitude of sources and equipment from drilling operations to refinery operations. In addition to the major new rules it has issued over the last several years, EPA is now...


HTMLOhio Supreme Court Decision Clarifies Mineral Rights in Utica and Marcellus Shale Plays
Kevin C. Meacham, John P. Miller, Roy A. Powell, Jeffrey A. (Jeff) Schlegel, Jeffery D. (Jeff) Ubersax; Jones Day;
Legal Alert/Article
October 13, 2016, previously published on October 2016
Many states have "dormant mineral" legislation providing for the transfer of severed mineral interests to the surface owner if the mineral owner does not develop the minerals or take other action manifesting an intent to preserve his interest over an extended period of time, typically 20...


HTMLPHMSA Releases Emergency Order Interim Final Rule
Keith Coyle, James Curry, Brianne Kurdock; Babst Calland;
Legal Alert/Article
October 12, 2016, previously published on October 4, 2016
On October 4, the Pipeline & Hazardous Materials Safety Administration (PHMSA) issued a pre-publication Interim Final Rule (IFR) implementing the new emergency order authority that PHMSA received in the PIPES Act of 2016. The IFR will become effective on the date of its publication in the...


HTMLOhio Supreme Court Decides Cases Interpreting the Ohio Dormant Mineral Act
Scott K. McKernan, Sarah M. Rambin; Babst Calland;
Legal Alert/Article
October 12, 2016, previously published on September 16, 2016
On September 15, 2016, the Ohio Supreme Court issued three opinions and dispensed with 10 other related cases regarding the interpretation of the application of the Ohio Dormant Mineral Act (O.R.C. § 5301.56) (ODMA). The issues surrounding the ODMA resulted in all-or-nothing litigation...


HTMLMine Safety Agency Warns of Equipment and Machinery Dangers
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
October 7, 2016, previously published on October 3, 2016
In the wake of three deaths over the past year involving mine equipment and machinery, the Mine Health and Safety Administration has issued a safety alert to prevent mining accidents: “Blocking Against Motion.”


Adobe PDFStates That Participate in the Regulation of Interstate Natural Gas Facilities Waive Sovereign Immunity
Richard E. Stultz; Morris Polich & Purdy LLP;
Legal Alert/Article
October 6, 2016, previously published on September 26, 2016
In an August 8, 2016, opinion, the Third Circuit Court of Appeals rebuffed attempts by environmental groups to overturn New Jersey and Pennsylvania Departments of Environmental Protection (NJDEP and PADEP, respectively) decisions to give the environmental green light to a natural gas pipeline...


HTMLWater Shortages Loom Large for California Farmers
Thomas M. Berliner; Duane Morris LLP;
Legal Alert/Article
October 5, 2016, previously published on September 2016
From a climate perspective, 2016 in California was a fairly wet year. Northern California reservoirs filled and went in the flood control releases. That should be good news for California's cities and farms in terms of starting to dig out of the deep drought hole that has hit the state in the past...


HTMLMine Safety Agency Issues Alert for Water-Related Fatalities
Carla J. Gunnin; Jackson Lewis P.C.;
Legal Alert/Article
September 28, 2016, previously published on September 22, 2016
Working around, over, or near water is a safety hazard that may result in entrapment and drowning, the Mining Safety and Health Administration has warned in a hazard alert.


HTMLOhio Supreme Court Decides Three Critical Dormant Mineral Cases
Christopher William Capcara, Jeffrey R. Huntsberger, Jason M. Klein, William S. McCoy, Michael W. Wise; McDonald Hopkins LLC;
Legal Alert/Article
September 27, 2016, previously published on September 16, 2016
The Supreme Court of Ohio rendered three important decisions yesterday regarding the interpretation of Ohio’s Dormant Mineral Act, with significant implications for landowners and owners of mineral rights involving the Utica Shale.


HTMLSupreme Court of Ohio: 1989 Ohio Dormant Mineral Act was Not Self-Executing
Shana Smith; Leech Tishman;
Legal Alert/Article
September 23, 2016, previously published on September 16, 2016
On September 15, 2016, the Supreme Court of Ohio issued opinions on three cases addressing the Ohio Dormant Mineral Act, O.R.C. 5301.56 (“ODMA”) and subsequently applied the decisions to dispense with ten additional cases. Of particular importance is the Court’s ruling in Corban...


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