Tag Archives: Oil and Gas

Swimming Upstream Part II: New Incident and Annual Reporting Requirements for Rural Gas Gathering Lines

In our last article, we introduced the recently finalized New Rule of the Pipeline and Hazardous Materials Safety Administration (PHMSA), which expands safety and reporting requirements to previously unregulated onshore gas gathering lines.[1] PHMSA has now dubbed those previously unregulated lines Type C, for new safety and reporting requirements, and Type R, for new reporting … Continue Reading

Fifth Circuit Rules Texas Choice-of-Law Provision Cannot Save Indemnity Agreement from Wyoming Anti-Indemnity Act

Throughout the oil patch, it has become common for parties to enter into agreements that contain Texas choice-of-law provisions, regardless of where the work is being performed or the extent of the parties’ sometimes tenuous relationship to the state of Texas. In Wyoming, parties will occasionally use Texas choice-of-law provisions as a vehicle to bypass … Continue Reading

The Right Way to Obtain Multi-Line Rights in a Right-of-Way Transaction in Texas

There are many misconceptions about how multi-line rights are created in Texas. Contrary to popular belief, a multiple pipeline right-of-way cannot just be created by changing “pipeline” to “pipelines” in the granting provision.[1] In fact, if there is not an express provision in the easement granting the right to lay additional lines, a court will … Continue Reading

First-Ever Mandatory Cybersecurity Directive for Oil and Gas Pipelines Signals More Robust Regulations to Come

New cybersecurity requirements for oil and gas pipelines signal important changes to the regulatory landscape for midstream companies. A new security directive from the Transportation Security Administration (TSA), effective May 28, 2021, mandates immediate action and ongoing compliance protocols for certain energy companies. The security directive also raises many new questions that companies will need … Continue Reading

Leasing Lawsuits Hit Their Stride Multiple Plaintiffs Seek Orders to Reinstate Federal Oil and Gas Lease Sales

Consistently throughout his presidential campaign, President Biden repeatedly indicated his intention to “ban[] new oil and gas permitting on public lands and waters.”[1] Only one week after taking office, on Jan. 27,  the president issued Executive Order 14008, representing the administration’s first major step toward that goal. Among other provisions, the Executive Order directs the … Continue Reading
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