On May 25, 2023, the United States Supreme Court again weighed in on what is to be considered a “water of the United States” (“WOTUS”) under the Clean Water Act (“CWA”) in Sackett v. EPA, 143 S. Ct. 1322 (2023). The fundamental holding in Sackett is that the only wetlands qualifying as WOTUS are waters that are indistinguishable from traditionally…
BLM Proposes Raising Minimum Bonding by 15 – 20x Current Levels
The Bureau of Land Management (BLM) recently proposed raising the minimum bonding requirements by a factor of 15 for individual federal leases, raising the minimum amount from $10,000 to $150,000, and by a factor of 20 for statewide bonds, raising the minimum amount from $25,000 to $500,000. The proposal, which would require the updated bonding amounts in place one year…
Say Goodbye to COGCC
This week marks the end of the Colorado Oil and Gas Conservation Commission and the beginning of the Colorado Energy and Carbon Management Commission (ECMC). Senate Bill 2023-285, which was signed into law May 22, 2023, expands the Commission’s regulatory authority beyond oil and gas development to include deep geothermal energy production (geothermal resources more than 2,500 feet below surface),…
New Mexico Oil and Gas Regulators Send $40M Message: Noncompliance is Expensive
New Mexico’s oil and gas regulators levied some of the largest fines in state history on June 29, seeking over $40M from Amerdev, an Austin-based oil and gas company, for alleged violations of the New Mexico Air Quality Control Act (“AQCA”) and other oil and gas regulations. Section 74-2-12(B) of the AQCA authorizes a civil penalty of up to…
New Water Law Going Into Effect in July 2023 Enables New Mexicans to Band Together To Provide Improved Water Resources
The 2023 New Mexico Legislative Session saw the enactment of the Regional Water System Resiliency Act, which enables the creation of regional water authorities to strengthen New Mexico’s aging water infrastructure by enabling water user associations and other entities, to create partnerships to facilitate the enhancement of their collectives water infrastructure as recognized political subdivisions of the state of New…
2018 Archive – Energy News Alerts
Client Alert – February 21, 2018 New Colorado Flowline Rules – view Client Alert – May 1, 2018 Environmental Plaintiffs File Two Lawsuits Challenging Federal Oil and Gas Lease Sales in Wyoming, North Dakota, Montana, Nevada and Utah – view October 2018 Oil and Water (or conflicting clauses in an oil and gas lease) Don’t Mix – view Air Update: Changes to Colorado Air Quality Regulations…
2019 Archive – Energy News Alerts
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.…