Jump to Navigation | Jump to Content
American Bar Association

Articles


After-Acquired Title in Oil and Gas Leases and Estoppel by Deed

By Ryan van Steenis

The Pennsylvania Supreme Court applied estoppel by deed to an oil and gas lease where the owners had record notice of a reservation of mineral rights.


Nuisance Is a Legal Injury, Not a Cause of Action

By Jeff Civins, Michael J. Mazzone, and Michael Stewart

The Texas Supreme Court recently clarified its nuisance law.


Tips for Young Lawyers: Improve Responsiveness to Impress Clients

By Ryan A. Starnes

Excelling in an area that most attorneys struggle in is a good way to win over your clients.


New York Bankruptcy Judge Sends Shudders Through Midstream Market

By Stephen A. Roberts

Sabine Oil and Gas Corp. wins bankruptcy court approval to enter into a new facilities agreement after the court allowed it to reject existing facilities agreements.


In-House Spotlight: Raymond A. Hafner IV of Linn Energy

By Will Taylor

An interview covering his career path, his role as an in-house attorney, and the challenges facing the industry.


An Overview of Three Major Delay Damages Issues

By Kevin Long and Eric Van Schyndle

The analysis of delay damages issues can be a minefield for the construction lawyer.


New Life for Underground Storage Tank Regulation

By Charles M. Denton, Tammy L. Helminski, Amy E. Smith, Michael T. Scanlon, and Kenneth W. Vermeulen

Changes to the federal regulations applicable to USTs may have significant impacts on owners and operators.


Trying the High-Risk Case for a Corporate Energy Client

By Stephen M. Fernelius

Recommendations for both inside and outside counsel.


Key Tips for Junior Lawyers Practicing Before State Administrative Agencies

By Mark DeMonte

Differences and similarities between litigating before a state administrative agency and litigating before a court.


Who Is Responsible for Decommissioning Costs for Oil and Gas Assets Abandoned or Sold in Bankruptcy?

By Ronald Oran Jr. and David Reiner

Two legal questions are often faced by many lessors, joint-interest holders, and predecessors in interest confronted with abandonment.


In-House Spotlight: Gregory V. Brown of Beusa Energy

By Will Taylor

From the courtroom to the boardroom.


Class Actions 101: A Refresher on the Act that Transformed Federal Court Class Actions

By Ashley Bruce Trehan

Ten years after its passage, CAFA remains a necessary tool among class action litigators faced with deciding important questions.


The Impact of Crude Oil and Natural Gas Market Trends on Litigation

By Bob Broxson, Sonya Kwon, and Julie Carey

The environment of low crude oil prices and other dynamics in unconventional oil and gas plays have increased litigation in this industry.


Litigating Borrowing Base Redeterminations

By Scott Fletcher, Stephen Olson, Omar Samji, Tom Howley, and Will Taylor

The case law to date suggests that borrowers may have a difficult time finding success in the courtroom.


An Uptick in Recent Electric Utility-Gas Utility Mergers: Expect More

By Jim McMahon and Justin Fong

The recent surge in natural gas utility acquisitions by electrics is not simply a coincidence.


Can Economic Pressure Alone Give Rise to a Tortious Interference Claim?

By David L. Johnson and Beau C. Creson

Learn what the majority and minority of courts have to say about the line between proper and improper economic pressure.


FERC and D.C. Circuit Reject Recent Challenges to Gas Pipeline Development

By Erica E. Youngstrom

Gunpowder Riverkeeper shows that pipeline opponents continue to face both procedural and substantive hurdles that may be difficult to anticipate.


The Legal Cybersecurity Landscape for Pipeline Companies

By Jay Johnson

The potential coalescence of legal standards and best practices into an applicable standard of care.


Texas High Court Rules Overriding Royalty Not Subject to Postproduction Expenses

By Jack Edwards

A synopsis of the case and an interview with counsel for the leaseholder.


What Does the Plummet in Oil Prices Mean for Litigators?

By Nicole Ruble Metcalf

New hotbeds of litigation may emerge from "Oilpocalypse."


How to Avoid Spoliation Sanctions

By Shelby Angel

Failure to preserve ESI could very well be the catalyst in the outcome of your client's next dispute.


Local Fracking Bans: Recent Federal and State-Law Considerations

By Elizabeth Rutledge

Local fracking restrictions cannot be reconciled with the U.S. Constitution and principles of state-law preemption.


What Oil and Gas Companies Can Do to Mitigate Unpaid Wage Claims

By Basheer Ghorayeb

An interview with Brian Jorgensen and Joanne Bush of Jones Day.


Contracts Requiring "Best Efforts" and "Commercially Reasonable Efforts"

By Will Taylor, Laurens Wilkes, Joshua Fuchs, Basheer Ghorayeb, and Roy Powell

Exploring how such contracts are treated in Texas and other jurisdictions.


Did the Earth Move? Induced Seismicity in Oil and Gas Operations

By Julie Shemeta

Regulations requiring permit holders to collect earthquake data may lead to a better understanding of the issue.


Ethical Considerations in Dealing with Expert Witnesses

By George Carr

Selecting and working with expert witnesses, both friendly and adverse, involves a variety of ethical issues.


A Look at Underground Trespass under Texas Law

By Donald D. Jackson

Courts are still wrestling with the issue of subsurface trespass.


What Energy Lawyers Need to Know about the Endangered Species Act

By Michael A. Oropallo

The ESA is a potent tool for environmentalists seeking to derail energy projects.


Litigation Update on Select Oil and Gas Contract Disputes

By Mark D. Christiansen

A rundown of several cases impacting the industry.


Deposing Nonparties in States Other Than Where Your Case Is Pending

By Adam Reich

How to take depositions of out-of-state witnesses in jurisdictions adopting the Uniform Interstate Depositions and Discovery Act.


Disputes in the Unconventional Oil and Gas Sector: A Historic Overview

By Michael P. Emmert

Royalty, leasehold, and land-rights disputes continue to develop across a wide range of issues.


Operations under Ohio Oil and Gas Leases

By Stephanie Burt

The exact contours of what constitutes operations and what an implied covenant to develop looks like in Ohio are not clear.


Interview with Reagan Bradford of Chesapeake Energy

By Basheer Ghorayeb

From the courtroom to the boardroom.


What Kind of E-Discovery?

By James Berriman

You must be able to spot the circumstances in which either an active-file or a forensic approach is needed.


Allocating Royalties Between Separate Tracts

By Christopher L. Halgren

Lessees should be cognizant of the dangers and uncertainty accompanying allocation wells.


Fracking in Illinois: The Uncertainty Continues

By Shannon L. Haney

Uncertainty, doubt, and insecurity have returned about whether the New Albany Shale formation in the Illinois basin will be developed by fracking.


Five Things You Should Know about the Ohio Dormant Mineral Act

By Ariel Forbes

A guide to the law and court opinions surrounding mineral interests in the state of Ohio.


Pipeline Emergency Management: A Canadian Context

By Allison Wong

Minimizing the consequences of pipeline spills that occur along cross-border pipelines requires effective emergency management in both Canada and the United States.


New York Municipal Bans on Oil and Gas Drilling: Authorized by Home Rule or Preempted by State Law?

By Cindy M. Monaco

Oil and gas development may be banned by municipalities, but all is not yet lost.


Tips for Young Lawyers: Privacy Issues in Discovery of Social Media

By Angela M. Scafuri

When pursuing discovery of social media, lawyers should keep in mind the evidence and ethics rules.


Major Accident Response: Managing the First 96 Hours

By Mark L. Farley

What to do in the aftermath of a disaster.


Mexican Oil and Gas Reform: Getting It Right This Time

By John Cogan and Carlos Moran

Mexico opens up its state-run oil industry to private and foreign companies.


Serious Procedural Barriers to Fracking Litigation

By Carter F. Thurman and Onika K. Williams

Lone Pine orders, Daubert challenges, and Rule 11 sanctions may stand in the way.


Is New York's Fracking Review Subject to Judicial Oversight?

By Matthew D. Wagoner and Cindy Monaco

This case could decide whether New York's environmental review of fracking can be accelerated by judicial order.


The Accommodation Doctrine in Texas (and Elsewhere)

By Brandy R. Manning and Daniel B. Mathis

It's not just a question of which came first.


How to Speak Offshore Oil and Gas

By Dana E. Dupre

What I wish I knew when I started practicing.


The Risks of Lurking Fiduciary Duties in Upstream Oil and Gas Deals

By Will Taylor

Those operating in the oil patch should be mindful of potential allegations that fiduciary obligations are owed.


Enforcement Shifts Energy-Trading Strategies

By Julie Carey, Cliff Hamal, and Ben Ullman

Finding the sweet spot between maximizing profits and mitigating risks will be more challenging.


Three Ways to Boost Your Energy-Law Practice

By Basheer Ghorayeb

Involvement with the committee can work wonders for your career.


FERC's Capacity-Release Program: Financial Indifference and Reasonableness

By John Hutchings and Bret Reich

Increasing pipeline efficiency by allowing shippers to use interstate capacity that would otherwise sit idle.


Inside, Looking Out: In-House in the Energy Industry

By Jonathan D. Morris

One attorney opines on the pros and cons of working in-house.


The Keystone XL Pipeline Faces a New Challenge

By Courtney Scobie

A lawsuit pending in Lincoln, Nebraska, could force TransCanada to postpone pipeline construction even further.


The Contamination of the World's Largest Pollution Judgment

By L. Mark Walker

The $19 billion judgment against Chevron is unraveling.


Trends Emerging from Domestic Unconventional Oil-and-Gas Resources

By Robert Lang and Rob Wentland

Recent data suggest that litigation activity will continue.


Fear-Based Damage Claims in Electric-Transmission Condemnation Trials

By Sam Meziani

Trial strategies for addressing claims based on public fear of high-voltage lines.


Fifth Circuit Reverses in Favor of BP in Deepwater Horizon Litigation

By Charles Platto, Joseph G. Grasso, and Michael Menapace

The court ruled that BP was entitled to coverage as an additional insured under the policies of Transocean.


Kiobel: Have We Answered the Question of Corporate Liability After All?

By Laura E. Carlisle

The Supreme Court missed an opportunity to settle the question of whether corporations can be subject to liability under the Alien Tort Statute.


Business Groups Assert Conflict with SEC's Conflict Minerals Rule

By Reagan E. Bradford

A significant segment of U.S. business anxiously awaits the D.C. Circuit's decision.


History and Current Status of Federal Fracing Regulation

By Bruce M. Kramer

In part, the LEAF decisions initiated a governmental reaction that has led to numerous studies, legislative fixes, and administrative regulations over the past 10 years.


The 2012 Election's Effect on the Energy Industry and Energy Litigation

By James E. Smith

Major new legislation is unlikely during President Obama's second term.


The Applicability of the Securities Laws to Energy-Related Investments

By David S. Siegel

Investment fraud is on the rise.


A Bird's Eye View of the Nation's Oilfield Anti-Indemnity Acts

By James Collura and Teia Moore Kelly

A brief overview and comparison of the major oilfield-services anti-indemnity acts.


Additional-Insured Provisions: What You Don't Know Can Hurt You

By Jack G. Carnegie

Done incorrectly, they can result in massive unanticipated losses.


BSEE's Assertion of Authority over Oilfield Contractors Questionable

By Laurie D. Clark and Christopher M. Hannan

Offshore oilfield-service companies need to be reminded that they are now regulated differently than ever before.


Oil and Gas Operator Liability in Texas—What's in Your Contract?

By Jack G. Carnegie

Reeder v. Wood County Energy, LLC demonstrates the importance of seemingly minor differences in the language of exculpatory clauses. What does your contract say?


Five Things New Oil and Gas Attorneys Should Know

By Rebecca L. Phillips

The expansion of oil and gas production will require new legal regimes to be developed--as well as a new kind of attorney.


Oil and Gas Class Actions in Texas

By Thomas G. Ciarlone Jr.

Forum selection and other tactics for defeating class certification.


Recent Changes to the Louisiana Risk-Fee Statute: Selected Issues

By Dana E. Dupre and Sara E. Mouledoux

The Louisiana legislature recently amended the drilling statute to include several key changes.


Environmental Organizations Seek to Curtail Shale Development

By Margaret Anne Hill and Mary Ann Mullaney

A new litigation strategy is emerging in actions against oil and gas producers.


New Texas Anti-Indemnity Law May Affect More Than the Obvious

By Kara Stauffer Philbin

Under the new law, construction contracts are prohibited from requiring a subcontractor to defend or indemnify an owner or general contractor for the latter's own negligence.


The Expansion of OCSLA to Offshore Indemnity Agreements

By Emile J. Dreuil III

Grand Isle Shipyard changes the game for offshore contractual disputes.


BOEMRE's SEMS II: Key Compliance Points for the New Rules

By Anthony C. Marino

New requirements enhance worker safety on offshore facilities.


Leasing the Mineral Owner Who's Gone AWOL

By Thomas G. Ciarlone Jr.

When an owner cannot be identified, a receivership may be the solution.


Lone Pine Procedure Successful in Fracking Case

By Daniel J. Dunn, Anna K. Edgar, and Andrew C. Lillie

An unconventional case-management strategy resulted in the complete dismissal of a case.


Protecting Against an FCPA Violation Through a Third-Party Agent

By Courtney Scobie

Because of their extensive operations overseas and in countries with high rates of corruption, energy companies often find themselves at risk of an FCPA violation.


The Rise of Fracking and Associated Litigation

By James Eimers and Liz Klingensmith

Production companies hoping to avoid lengthy and costly discovery proceedings must understand plaintiffs' pleading requirements to survive motions to dismiss.


Fracking's Alleged Links to Water Contamination and Earthquakes

By Barclay Nicholson, Kadian Blanson, and Andrea Fair

The jury is still out on the environmental effects of hydraulic fracturing.


Interview with Shell Oil Associate Counsel for International Litigation

By John Clay

A specialist offers advice on representing a multinational energy corporation in a U.S. proceeding.


Reemergence of the Falkland Islands Territorial Dispute

By M. Imad Khan

The centuries-old controversy intensifies over the rights to oil exploration.


U.K. Bribery Act: Assessing Risk, Implementing Procedures

By Michelle Duncan and Sara A. Murphy

Companies and individuals must proceed with caution as courts determine how far the new act's jurisdiction reaches.


EPA Issues Draft Report on Well Water Contamination in Wyoming

By Robert Carlton and Liz Klingensmith

The EPA postulates that the well water contamination might be caused, at least in part, by hydraulic fracturing.


Spent Nuclear Fuel and the U.S. Response to Fukushima

By Kimbery Reome and Krista Haley

The United States has a long history of political, regulatory, and legal challenges in dealing with spent nuclear fuel.


Government Studies May Determine the Future of Fracking Regulation

By John S. "Jack" Edwards Jr. and Travis Oliver IV

Concerns that fracking may cause environmental and health problems have led to governmental studies into its safety.


Compliance Issues on the OCS Post-Macondo

By Anthony C. Marino

The 2010 Gulf oil spill has generated an extraordinary body of new environmental regulations aimed at overseeing offshore drilling.


Permitted Trespass in FPL Farming Ltd. v. Environmental Processing Systems, L.C.

By Sara E. Mouledoux

The Texas Supreme Court held that a regulatory permit to drill a wastewater injection well does not absolve the permit holder from civil tort liability.


Large Cases at a Smaller Firm: A Young Litigator's Perspective

By Jeff Goldman

At a small firm, a young litigator can get a better and closer grasp of the factual issues in the case.


Overview of Litigation Challenging EPA's Greenhouse Gas Regulations

By Jeremy C. Marwell

The author provides an in-depth review of the ongoing trial and appellate litigation challenging the EPA's widening regulatory authority over greenhouse gas emitters.


Pain at the Pump Prompts Political Action

By Sarah Casey

The Department of Justice has formed a working group in response to President Obama's request to the attorney general to monitor oil and gas markets for potential fraud and wrongdoing.


Mexican Oil Law: Protecting Foreign Investors Through International Arbitration Agreements

By Manuel Moctezuma

The federal government's reluctance to issue new permits for offshore exploration in the Gulf of Mexico has sharply decreased offshore exploration north of the Mexican border.


Texas Surface Damages Law Basics

By Eugene M. Nettles

Part of practicing energy litigation is understanding the delicate balance between the rights of mineral owners and surface owners.


Joint Defense Agreements: Balancing Risk and Reward

By Mark R. Robeck and Louis E. Layrisson III

Joint defense agreements can pose material risks to both clients and lawyers if not handled with proper care.


Implications of the Second Deepwater Drilling Ban after the Drilling Platform Explosion

By Reagan L. Butts

Secretary Ken Salazar recently issued a second memorandum seeking to ban deepwater drilling through November 30, 2010.


Gulf Oil Spill Exposes Broad Array of Possible Claims

By Matthew A. Moeller

Fisherman and homeowners along the Gulf Coast have filed numerous lawsuits as a result of the recent oil spill.


Private Enforcement of Contamination and Climate Change Liability Litigation

By Julie E. Steiner

Outsourcing contamination and climate change lawsuits to private attorneys affects the companies and individuals of the energy supply and distribution chain.


EPA Releases Notice of Proposed Rulemaking Regulating Coal Combustion Products

By Thomas B. Alleman

The EPA issued its first notice in 10 years on proposed rulemaking regulating coal combustion products.


Massey Mine Explosion Prompts Lawsuits and Focuses Attention on Mine Safety

By Meghan Bishop

The recent explosion has refocused regulators and legislators to improve compliance with current regulations.


Expert Approaches |

By Gregory P. Joseph

Learn the various options and decisions that go in to strategy for dealing with the expert from the other side.


Fifth Circuit Rulings Clarify Enforcement of Oilfield Indemnity Contracts for Offshore Services

By Kenneth M. Klemm

The Alleman and Grand Isle Shipyard cases provide clarity on incidents arising from transportation of oilfield workers to an offshore site.


Service of Process under FSIA

By Gregory V. Brown and J. Josh Clayton

FSIA governs the means for effecting service of process on foreign state instrumentalities.


FERC Imposes Tough Standards on California Efforts to Secure Refunds

By Lyle D. Larson

Offending sellers must pay massive refunds to California utilities due to alleged inadequate transaction reporting during Western Power Crisis.


Responding to the Next Disaster—A Litigator's Perspective

By Morgan L. Copeland Jr.


FERC Improves SOC for Transmission Service Providers

By Lyle D. Larson


Choice of Law on the Outer Continental Shelf

By Walter R. Mayer