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
Continue Reading Kids’ Climate Suit Can Move Forward in Colorado State Court

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
Continue Reading Changes to California’s Prop 65 Warning Requirements to Impact Energy Industry

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
Continue Reading PHMSA Updates Pipeline Safety Regulations

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?

For months the news coming out of Midland has been positive – gradually increasing oil prices triggered a resurgence in activity in the Permian and Delaware Basins.  At the same time, the slow if steady rise in oil prices seemed to be doing little to increase activity in the northern Rockies.

On December 13, however, in the Director’s Cut issued by the NDIC (North Dakota Industrial Commission) Department of Mineral Resources, we may be seeing evidence of
Continue Reading Is the Oil Recovery Finally Reaching North Dakota?

Trump_&_ClintonAs the presidential election season enters its final, frenzied phase, it has become readily apparent that which of the two candidates is elected as the new the President of the United States on November 8 will have a monumental impact on the nation’s energy future.  Although Democrats and Republicans traditionally differ on their energy views, policy experts have stated that the sharp disconnect between Hilary Clinton’s and Donald Trump’s competing plans concerning energy and climate change is nothing short of historic. 
Continue Reading Clinton’s and Trump’s Energy Plans Emphasize Divide

drillingThe Energy Information Agency (EIA) announced yesterday that oil production in the nation is expected to drop in November to about 4.43 million barrels a day.  Overall, the EIA expects production declines in both the Eagle Ford Shale of south Texas and the Bakken in North Dakota and Montana of roughly 35,000 and 21,000 barrels per day, respectively.

At the same time, however, analysts are seeing the decline in domestic oil production slowing, with the expectation that it will begin increasing sometime in 2017 and into 2018.
Continue Reading U.S. Shale Oil Production – Different Basins, Different Stories