NAESB to Create a Mexican Addendum for Purchases and Sales of Natural Gas in Mexico

On Wednesday March 30, 2017, the North American Energy Standards Board (“NAESB”) Wholesale Gas Quadrant (“WGQ”) Contracts Subcommittee voted to move forward with the development of a Mexican Addendum to the NAESB Base Contract for the Purchase and Sale of Natural Gas.  Developing a Mexican Addendum should make Mexico a more desirable market for natural gas trading by providing greater certainty about the legal structure of gas trades.

As part of the 2017 NAESB WGQ Annual Plan, the WGQ Executive Committee proposed, and the Board approved, a proposal to review whether to develop a Mexican Addendum.  In December 2016, WGQ members voted not to pursue a Mexican Addendum.  However, that meeting was not well-attended and several parties who had advocated for creating a Mexican Addendum were not present.

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Sidley Shale and Hydraulic Fracturing Report

Vol. 6, No. 13

Topics discussed in this week’s Report include:

  • Trump administration issued presidential permit for Keystone XL pipeline.
  • PHMSA issued advisory bulletin on classification of threats to integrity of gas pipelines.
  • Federal court rejected lawsuit challenging Delaware River Basin Commission’s jurisdiction to regulate natural gas development within the Basin.
  • Environmental NGOs filed petition for review of FERC decision granting certificate to Atlantic Sunrise Pipeline in D.C. Circuit.
  • Colorado: Intermediate appellate court held that state Oil and Gas Conservation Act requires oil and gas development to proceed in a manner protective of the environment.
  • Study concluded that the majority of methane found in groundwater in the Barnett Shale does not come from hydraulic fracturing.
  • Changes occur in economics of hydraulic fracturing as domestic oil production rebounds.

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Energy Enforcement Update

Politico Morning Energy reported this morning FERC WAIT MAY BE COMING TO AN END—“an informed tipster tells ME that those names — Neil Chatterjee, Robert Powelson and Kevin McIntyre — are expected to become official within in the next week.”  FERC has been without a quorum for nearly two months, hamstringing its ability to act on contested gas and electric rate filings, and infrastructure projects.  Senate Energy and Natural Resources Chairwoman Lisa Murkowski has vowed to prioritize FERC nominees before her panel once the White House releases them, but getting them confirmed will likely still take several weeks, notwithstanding the two-week recess next month.

This week’s enforcement update covers:

  • Department of Energy scrutinizing natural gas import and export reporting;
  • Judge in Powhatan/Chen proceeding grants leave to file amicus brief on de novo review;
  • Judge in ETRACOM case rules that “de novo review” means an ordinary civil action;
  • TOTAL responds to plaintiffs in class action proceeding;
  • Wyoming Pipeline Authority files then withdraws request for rehearing of FERC delegation order; and
  • Sidley to host roundtable on FERC energy and capacity market technical conference.

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Sidley Shale and Hydraulic Fracturing Report

Vol. 6, No. 12

Topics discussed in this week’s Report include:

  • Trump administration informed Tenth Circuit that it will begin a new rulemaking to rescind the BLM rule on hydraulic fracturing.
  • Appeals court denied tribes’ emergency request to prevent operation of the Dakota Access pipeline.
  • Pennsylvania Supreme Court weighs the extent to which local zoning laws may regulate privately owned oil and gas wells.
  • California poised to adopt extensive methane regulations for oil and gas industry.

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2016 Environmental Year in Review

This Environmental Year in Review summarizes many of the significant court rulings, regulatory changes and policy developments that occurred during 2016. As 2016 was the final year of the Obama administration, change is in the air. The commencement of the Trump administration promises to bring with it shifts in policy focus, rule changes and inevitably litigation. (more…)

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Sidley Shale and Hydraulic Fracturing Report

Vol. 6, No. 11

Topics discussed in this week’s Report include:

  • Tenth Circuit asked DOJ whether Trump administration intends to defend BLM rule on hydraulic fracturing.
  • Dakota Access pipeline readied for controversial crossing under Lake Oahe.
  • Environmental groups claimed that FERC natural gas pipeline decisions suffer from unlawful “structural bias.”
  • Congress passed CRA resolution to repeal BLM’s “Planning 2.0” rule.
  • The Pennsylvania Supreme Court heard arguments on residents’ challenge to natural gas well drilling permits.

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Sidley Shale and Hydraulic Fracturing Report

Vol. 6, No. 10

Topics discussed in this week’s Report include:

  • EPA withdrew information collection request regarding methane emissions from the oil and gas sector.
  • USGS survey predicted reduction in human-induced seismicity.
  • Ohio expanded methane leak detection monitoring in oil and gas sector.
  • Pennsylvania: WPX Energy Appalachia fined $1.2 million for waste water spill.

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Energy Enforcement Update

This week’s enforcement update covers:

  • Fifth Circuit schedules oral argument, and FERC and TOTAL file pleadings regarding Appointments Clause;
  • Plaintiffs in class action against TOTAL file response related to oral argument;
  • CME Group Exchanges expand reach of manipulation and fraud rules;
  • FERC and Silkman file joint discovery plan in district court, and court sets scheduling conference; and
  • Judge holds motion hearing in FERC district court case against Barclays.

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