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Powered by the attorneys of Bracewell & Giuliani, Energy Legal Blog® is your resource for updates and analysis on national and global energy issues.
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  1. Decision on Fate of BLM’s Hydraulic Fracturing Rule Expected September 2015

    Friday, July 24, 2015 10:27 am by , and

    The Bureau of Land Management’s (“BLM’s”) Hydraulic Fracturing Rule has been stayed until at least September 2015. BLM finalized the rule on March 20, 2015 for application on federal and Indian lands, three years after its initial proposal. However, on June 23, 2015 (the eve of the rule’s effective date), a federal judge in Wyoming stayed implementation of the rule siding with several industry group and state petitioners that had filed lawsuits and sought an injunction. As deadlines have now slipped, based on the current schedule, Judge Scott W. Skavdahl of the U.S. District Court for the District of Wyoming is not expected to make a final decision on the BLM Rule until September 2015. (more…)


  2. California Hydraulic Fracturing Update

    Tuesday, July 14, 2015 9:55 am by and

    Over the past few years, California has taken strides to update the state’s oil and gas regulatory program to keep pace with new technological advances in resource extraction, such as hydraulic fracturing. One significant milestone was the passage of SB 4 in September 2013, a bill that demonstrated how California would be taking a different approach to hydraulic fracturing and unconventional shale gas development as compared to the approach taken by the State of New York.

    While New York has opted for an outright ban on hydraulic fracturing in the state, California’s SB 4 established interim regulations and laid out plans for a thorough scientific and environmental review of hydraulic fracturing, leading up to the promulgation of permanent regulations, which went into effect on July 1, 2015. (more…)


  3. A permit system may finally arrive for the Migratory Bird Treaty Act – New Opportunities and Responsibilities

    Wednesday, May 27, 2015 5:06 pm by

    TexasBarToday_TopTen_Badge_SmallFor years, Federal Courts have held that individuals can be held criminally liable under the Migratory Bird Treaty Act (MBTA) for the death of birds regardless of whether they intended to harm them. While several courts have recently called into question this precedent, yesterday, the Fish and Wildlife Service (FWS) started a process that could help clarify liability under the Act. However, with this clarity will come additional regulatory obligations and the creation of a bright line between compliance and noncompliance.

    Like the Endangered Species Act (ESA), the MBTA imposes criminal liability for harming specifically-identified birds. Unlike the ESA, however, the MBTA does not currently have an extensive permitting system. As a result, most companies are unable to proactively ensure compliance with the MBTA unless they can avoid harming any migratory birds during their operations – and complete avoidance is extremely difficult when engaging in many industrial activities of any scale. Thus, entities operating wind energy, communication towers, oil and gas production, and electrical transmission facilities, for example, have generally adopted best management practices and hoped that their proactive efforts would result in lenient treatment by FWS if and when their operations accidentally harm migratory birds. (more…)


  4. Mexico’s National Hydrocarbons Commission Issues Round One’s Third Bid For Onshore Fields

    Thursday, May 14, 2015 4:36 pm by , and

    Mexico’s National Hydrocarbon Commission (Comisión Nacional de Hidrocarburos) (“CNH”) announced on May 11 the terms for the third bid of Round One. Unlike the two earlier bids which covered 19 shallow water areas, the third bid covers 26 onshore areas that contain approximately 2.5 billion barrels of oil equivalent (BOE) most of them with 3P reserves. (more…)


  5. Commercial UAS Modernization Act Introduced to Streamline Drone Integration

    Tuesday, May 12, 2015 5:16 pm by

    Senators Cory Booker (D-NJ) and John Hoeven (R-ND) recently introduced the Commercial UAS Modernization Act, legislation designed to streamline the integration of commercial unmanned aircraft systems (UAS) in the United States. The legislation would establish an interim rule governing small UAS operations, provide the Federal Aviation Administration (FAA) with some flexibility on issues like visual-line-of-sight (VLOS) operations, reduce the regulatory burden for commercial operators, create a new deputy administrator position at the FAA focused on UAS, and encourage maximum use of current FAA UAS test sites. (more…)


  6. Progress Report: Shale Play in Algeria

    2:50 pm by and

    Legal basis

    The 2013 amendments to Algeria’s 2005 Hydrocarbon Law (the “Law”) provided a legislative framework for the exploration and production of unconventional hydrocarbons. In addition to wider changes to the Law designed to revive foreign investment in Algeria’s oil and gas sector, the amendments were expected to kick-start exploitation of Algeria’s estimated 707tcf and 5.7 billion barrels of technically recoverable shale gas and oil reserves (estimated to be the world’s third largest)[1].   (more…)


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