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|EPA Expands Its Oversight of Oil and Gas Operations|
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
October 20, 2016, previously published on October 2016EPA 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...
|Ohio 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;
October 13, 2016, previously published on October 2016Many 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...
|PHMSA Releases Emergency Order Interim Final Rule|
Keith Coyle, James Curry, Brianne Kurdock; Babst Calland;
October 12, 2016, previously published on October 4, 2016On 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...
|Ohio Supreme Court Decides Cases Interpreting the Ohio Dormant Mineral Act|
Scott K. McKernan, Sarah M. Rambin; Babst Calland;
October 12, 2016, previously published on September 16, 2016On 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...
|Mine Safety Agency Warns of Equipment and Machinery Dangers|
Tressi L. Cordaro; Jackson Lewis P.C.;
October 7, 2016, previously published on October 3, 2016In 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.”
|States That Participate in the Regulation of Interstate Natural Gas Facilities Waive Sovereign Immunity|
Richard E. Stultz; Morris Polich & Purdy LLP;
October 6, 2016, previously published on September 26, 2016In 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...
|Water Shortages Loom Large for California Farmers|
Thomas M. Berliner; Duane Morris LLP;
October 5, 2016, previously published on September 2016From 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...
|Mine Safety Agency Issues Alert for Water-Related Fatalities|
Carla J. Gunnin; Jackson Lewis P.C.;
September 28, 2016, previously published on September 22, 2016Working 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.
|Ohio 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;
September 27, 2016, previously published on September 16, 2016The 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.
|Supreme Court of Ohio: 1989 Ohio Dormant Mineral Act was Not Self-Executing|
Shana Smith; Leech Tishman;
September 23, 2016, previously published on September 16, 2016On 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...