Legal Updates

READING BETWEEN THE LINES: IS NOTICE REQUIRED PRIOR TO RECORDING AN OIL AND GAS LIEN?[1] As the oil and gas industry continues to experience some financial volatility caused by the COVID-19 pandemic, it is as important as ever that parties providing supplies or labor stay apprised of their rights to ensure they receive payment.   Part […]

On May 20, 2021, the North Dakota Supreme Court held that the following “free of cost, in the pipeline” oil royalty provision sets the point of valuation at the well: To deliver to the credit of the Lessor, free of cost, in the pipeline to which Lessee may connect wells on said land, the equal […]

Wyoming is anticipating a number of new utility scale solar projects in the coming years citing increased interest from developers. To support this development, the Wyoming Energy Authority, Renewable Energy Coordination Committee recently published the Guide to Permitting Solar Energy Projects in Wyoming (the Guide). The Guide explains permitting authority and development considerations at the […]

Cryptocurrency[1] has become increasingly popular since the creation of the first cryptocurrency, Bitcoin, in 2009.  In the years following the creation of virtual currency, federal agencies and federal courts have struggled to maintain consistency in how cryptocurrency should be classified and regulated.  In the meantime, interest in the cryptocurrency market has only increased, which has […]

On January 27, 2021, President Biden signed an executive order (EO) on “tackling the climate crisis.” This EO has received a lot of attention for its provision (§208) “pausing” federal oil and gas leasing. What also deserves attention was the direction (§216) for a plan “to achieve the goal of conserving at least 30 percent […]

On November 23, 2020, in “Liens, Taxes and Bankruptcy in Wyoming- Oh My! 2020 Changes to Ad Valorem Tax and Lien Law”, I reported on Wyoming’s attempts to change its ad valorem tax payment and reporting system for produced minerals.  The goal was to make ad valorem filings and payments simultaneous with severance tax filings […]

The COVID pandemic, price volatility, and recent regulatory changes have created financial stress on many E&P Companies as evidenced by an increasing number of bankruptcy filings.   Those providing goods and labor in aid of oil and gas development should be aware of Colorado’s Oil and Gas Lien statute and their right to perfect such a […]

Two interesting bills are making their way through the Wyoming Legislature this session, both concerning the State’s main source of tax revenue – the energy industry.  The Legislature’s taxation treatment of oil and gas and wind energy may tell us how elected officials will address Wyoming’s significant revenue shortfall—sales and use taxes down 67% from […]

Colorado is one of only a handful of states that still recognize the concept of common law marriage today. It remains a crucial concept in the administration of estates in Colorado because a common law spouse is entitled to inherit real property and receive other benefits, just as an officially married spouse. On January 11, […]

As reported in our prior blog on County of Maui v. Hawaii Wildlife Fund, the Supreme Court punted on providing clear guidance to the regulated community on when a Clean Water Act Section 402 National Pollutant Discharge Elimination System (“NPDES”) permit is needed.  As a result, the EPA stepped in and issued a draft guidance […]

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