Since the Water Pollution Control Act (Clean Water Act or “CWA”) inception in 1972, a key issue has been: Which waters of the United States (“WOTUS”) are regulated under the CWA and which are left to the states to regulate. The answer to this question definition of WOTUS touches everything from farming to homebuilding, mining, […]
ARTICLE EXCERPT: The Unsettled Definition of Waters of the United States
Failure to Launch: Eminent Domain Breaks Down in the Texas Legislature
Eminent domain proceedings in Texas are a complex process governed by multiple constitutions, laws, and regulations.[1] Through this process the Texas government, its agencies, and authorized private entities acquire land to advance initiatives relating to economic development, energy, transportation, public works, and utilities. However, eminent domain proceedings can leave private landowners feeling harassed or ripped […]
Goodbye Steel and Aluminum Tariffs! (For Mexico and Canada Metals)
In a recent KRCL Energy Practice Group seminar, I discussed the genesis and impact of metal tariffs imposed by the Trump administration. These Trump Tariffs have had a tremendous impact on energy infrastructure construction and midstream activities throughout the United States, prompting companies to seek relief (in the form of product exclusions) with the Department […]
The Troubling Intersection of Royalty Disputes and Consumer Protection Laws
In the normal course, when landowners believe they have been underpaid royalties under an oil-and-gas lease, they sue individually. Most of the time the core claim is for breach of contract (notwithstanding that royalty-underpayment petitions are often littered with tertiary, throw-away causes of action that no one takes very seriously). As I have written in […]
Solid Drilling Waste Management and Recycling in the Oil Patch
In the latest episode of our energy law podcast, KRCL’s energy practice group leader, Tom Ciarlone, is joined by Blake Scott, President of Scott Energy Technologies. Blake explores cost-effective, risk-reducing, and often innovative strategies for solid drilling waste management and recycling.
Important Revisions To Federal Corrupt Practices Act Enforcement Policy
On November 29, 2017, the Department of Justice (“DOJ”) announced significant revisions to its Federal Corrupt Practices Act (“FCPA”) Enforcement Policy. (For more information about the FCPA generally, see my earlier blog post from August 10, 2017.) The revisions provide guidance to companies seeking to avoid criminal charges for bribing foreign officials. Previously, in April […]
BREAKING: Texas Oil and Gas Regulators Face Off at Public Meeting
There were fireworks yesterday at an open public meeting of the Texas Railroad Commission, the state regulatory body responsible for keeping tabs on the oil and gas industry. Following a variety of routine housekeeping matters, the agency’s General Counsel appeared before the three elected Commissioners in lieu of the regulator’s Executive Director, Kimberly Corley. Commissioner Ryan […]
Antitrust Guidance from the DOJ and FTC for Hurricanes Harvey and Irma
On September 2, 2017, the Antitrust Division of the Department of Justice and the Federal Trade Commission (the “Agencies”) issued antitrust guidance for those engaged in commercial recovery efforts in the wake of Hurricanes Harvey and Irma.[1] The guidance concedes that cooperation among federal, state and local agencies will be necessary in the rebuilding of […]
A Cautionary Tale for Operators
In this week’s episode of our energy law podcast, find out about new guidance for calculating royalties on federal oil and gas leases, the BLM’s termination of restrictive Obama-era fracking rules, and a cautionary tale for operators who might mistakenly assume that they have a security interest in the oil they sell to downstream purchasers.
The FCPA: Energy Companies Doing Business Internationally Must Be Proactive
Halliburton Settles With the SEC On July 27, 2017, Halliburton agreed to settle a cease and desist proceeding brought by the Securities and Exchange Commission (“SEC”), charging it with violating the books and records and internal accounting controls provisions of the Foreign Corrupt Practices Act (“FCPA”). To settle, Halliburton agreed to pay $29.2 million and […]