A new legislation signed into law in August, the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), will expand vastly the types of foreign investment transactions that the Committee on Foreign Investment in the United States (“CFIUS”) may review. Under the new law, a wide range of foreign investments affecting the U.S. energy sector

On October 24, 2017, the Department of the Interior (“Interior”) filed its final report summarizing its review of Interior actions that potentially burden the development or use of energy produced in the United States. The review and resulting report were required by President Trump’s Executive Order 13783, which instructs the agencies to pay “particular attention” to any actions that delay or impose additional costs on oil, natural gas, coal, and nuclear energy resources.
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On August 2, President Trump signed new legislation which will impose new sanctions on Arctic offshore, deepwater or shale oil drilling projects which are partially owned by certain sanctioned Russian energy companies.  Previously, these sanctions only applied if the sanctioned Russian companies owned greater than a 50% ownership interest in the project and if the

Drilling_Roughnecks_(8744524276)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
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oil wellsRecently, 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
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OK KS Sierra ClubYesterday, 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.”
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Fulfilling repeated campaign pledges to roll back the Obama administration’s climate change initiatives, President Trump signed a sweeping executive order yesterday targeting key Obama-era regulations, including the Clean Power Plan and emission standards for the oil and gas industry. The executive order states that it is in the interest of the nation to promote development of energy resources “while at the same time avoiding regulatory burdens that unnecessarily encumber energy production, constrain economic growth, and prevent job creation.” The multi-faceted approach taken by the order makes it clear that this Administration views any regulation of climate change or carbon pollution as “unnecessary.” 
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Flag of Colorado waving.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
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Flag_of_CaliforniaCalifornia’s Proposition 65, also called the Safe Drinking Water and Toxic Enforcement Act, requires businesses to notify Californians about significant amounts of chemicals in the consumer products they purchase, in their homes or workplaces, or that are released into the environment. Under recent changes to the law, companies in the oilfield business and gasoline service business will need to make warning signs more specific in order to
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Trans-Alaska PipelineOn January 23, 2017, the Pipeline and Hazardous Materials Safety Administration (PHMSA) amended its pipeline safety regulations to address the requirements of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011. The final rule affects post-accident reporting obligations, safety training requirements, and permitting procedures. The major provisions of the new pipeline safety rule include
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