January 2019 – Client Alert Colorado Supreme Court rules in COGCC v. Martinez that the law requires balance – view February 2019 – Client Alert WEG Threatens High-Dollar Litigation Against Seven DJ Producers – view March 7, 2019 – Client Alert Beatty & Wozniak secures Tenth Circuit decision concluding that an election letter and AFE constitute a binding contract – view March 13, 2019 –…
2020 Archive – Energy News Alerts
October 13, 2020 Client Alert BLM Usurped Clean Air Act Authority – Wyoming Federal District Court Vacates BLM’s 2016 Waste Prevention Rule – view FS Proposed Rule Streamlines Development of Federal Oil and Gas Resources – view August 5, 2020 Client Alert FWS Proposed Definition of “Habitat” to Ensure Unoccupied Critical Habitat is Actually Habitat – view August 4, 2020 Client Alert Duhig: The Colorado…
Whose approval do you need for a solar energy startup?
Green energy has become increasingly popular. More businesses than ever before want to offset their energy consumption to appeal to younger consumers. Advances in solar energy production have made it an attractive concept for business owners, investors and homeowners. Many individual property owners even hope to generate their own electricity to reduce costs or make a little money by selling…
Energy News Alert Materials
Materials Opinion of the Court – No. 20210050 – view IN RE: MCP NO. 165, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, INTERIM FINAL RULE: COVID-19 VACCINATION AND TESTING; EMERGENCY TEMPORARY STANDARD 86 FED. REG. 61402. – view Blasi v. Bruin E&P Partners – Nos. 20200327 – 20200331 – view Bd. of Cty. Comm’rs v. Crestone Peak Res. Operating LLC – view 2021 CO 48 – No.…
Energy Resources
Links ASTM International: http://www.astm.org American Gas Association: http://www.aga.org American Petroleum Institute: http://www.api.org Colorado Oil and Gas Association: http://www.coga.org Colorado Oil and Gas Conservation Commission: http://oil-gas.state.co.us Colorado Public Utilities Commission: http://www.dora.state.co.us/puc/index.htm Office of Scientific and Technical Information: http://www.osti.gov Energy Information Administration: http://www.eia.doe.gov Federal Energy Regulatory Commission: http://www.ferc.gov GPA Midstream Association: http://gpamidstream.org Gas Technology Institute: http://www.gastechnology.org Interstate Natural Gas Association of America: http://www.ingaa.org National Petroleum Council: http://www.npc.org National Renewable Energy Laboratory: http://www.nrel.gov Natural Gas.org: http://www.naturalgas.org Natural Gas…
Developing Federal Minerals – Due Diligence Strategies
When it comes to operating on federal lands, timing and know-how are everything. To develop federal oil and gas leases, operators need to conduct extensive due diligence to avoid permitting delays and to identify and mitigate potential litigation risks. This is particularly important for current areas of renewed focus for developing natural gas resources (e.g., Colorado, Utah, and northern New…
BLM Issues National Policy on Carbon Sequestration Projects
The Bureau of Land Management (BLM) issued a new national policy providing guidance on authorizations for carbon sequestration projects on federal lands via Instruction Memorandum No. 2022-041 (June 8, 2022). This broad policy and guidance document covers the prerequisites, procedures, and permits needed for these projects, as well as the review process for the key legal issue of pore space…
Federal Issue Brief – Potential Permian Basin Ozone Nonattainment Area
Federal Action: The U.S. Environmental Protection Agency (EPA) is considering a discretionary redesignation of certain Permian Basin counties in southeast New Mexico and West Texas as ozone nonattainment areas under the 2015 National Ambient Air Quality Standard (NAAQS). EPA has not yet formally initiated this process. Importance: An ozone nonattainment redesignation would immediately increase the time and expense of obtaining…
The Supreme Court’s Ruling on EPA’s Clean Power Plan Limits the Power of Administrative Agencies
On June 30, 2022, in West Virginia v. Environmental Protection Agency, the United States Supreme Court ended EPA’s “Clean Power Plan,” an on-again off-again power plant greenhouse gas rule that had been volleyed between the Obama, Trump, and Biden administrations, and was the subject of prior court decisions. For the first time, the Supreme Court explicitly limited the power of…
Colorado’s Recent Restrictions on Non-Compete, Non-Solicitation, and Confidentiality Agreements
After August 10, 2022, Colorado employers have a more limited range of options to negotiate Non-Compete Agreements with workers or prospective workers. In addition, the new legislation requires employers to provide additional notice. Failure to comply with these new requirements renders an agreement void and unenforceable. The revised statute, HB 22-1317 was signed into law by Governor Polis on June…