Sidley Shale and Hydraulic Fracturing Report

Vol. 6, No. 8

Topics discussed in this week’s Report include:

  • Senate confirmed Oklahoma Attorney General Scott Pruitt as EPA administrator.
  • S. District Court rejected tribe’s request for Dakota Access temporary restraining order.
  • Ute Indian Tribe and Department of Interior scheduled to discuss settlement of BLM rule lawsuit.
  • Colorado Attorney General filed suit seeking rescission of Boulder drilling ban.
  • Pennsylvania DEP linked first series of earthquakes to hydraulic fracturing activity.

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Challenge to “Two-for-One” Executive Order Raises Questions About How the Order Will Affect Regulations

On January 30, President Donald Trump issued Executive Order 13771 (EO), requiring executive branch agencies to repeal two rules for every one issued. Entitled “Reducing Regulation and Controlling Regulatory Costs,” the EO also directs that all new agency regulations promulgated during fiscal year 2017 should not impose a net increase in costs.

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Sidley Shale and Hydraulic Fracturing Report

Vol. 6, No. 6

Topics discussed in this week’s Report include:

  • Ohio: Governor proposed increased tax on oil and natural gas development.
  • Texas: Appellate court reversed $3 million judgment in Barnett Shale nuisance case.
  • Analysts raised concerns that trade war with Mexico could reduce natural gas prices.
  • Consol Energy announced plans to exit coal mining in favor of natural gas.

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Energy Enforcement Update

In this enforcement update, we cover:

  • GDF SUEZ Energy Marketing settles with FERC for alleged market manipulation;
  • Covanta Haverhill settles with FERC regarding ISO-NE generator operations;
  • FERC delegates authority to its staff in absence of quorum;
  • CFTC orders The Royal Bank of Scotland to pay $85 million for attempted manipulation of ISDAFIX benchmark;
  • FERC and ETRACOM file reply briefs regarding scope of review in district court;
  • FERC refers pipeline matter to Office of Enforcement for further investigation;
  • Judge grants City Power request for discovery in district court proceeding;
  • Judge in Silkman proceeding determines that “de novo review” under Federal Power Act means an ordinary civil action; and
  • FERC answers TOTAL motion for leave to respond and response in FERC proceeding

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Sidley Shale and Hydraulic Fracturing Report

Vol. 6, No. 5

Topics discussed in this week’s Report include:

  • Trump administration put rules on hold, including those in the environmental and energy arenas
  • In reversal of Obama administration, Trump administration encouraged Keystone XL and Dakota Access pipeline projects to move forward
  • Oklahoma released 2016 earthquake statistics
  • University of Alberta study alleged connection between hydraulic fracturing and organ damage in rainbow trout

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Energy Enforcement Update

In this enforcement update, we cover:

  • CFTC’s enforcement division issues new advisories on cooperation;
  • FERC and ETRACOM file briefs regarding scope of review in district court;
  • FERC revises PJM FTR forfeiture rule and discusses cross-product manipulation;
  • Citigroup Global Markets Inc. settles spoofing charges with the CFTC;
  • DOJ settles with Duke Energy for violating premerger notification and waiting period requirements; and
  • TOTAL files motion for leave to respond and response in FERC proceeding.

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