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MANAGING EDITOR
Brit Brown
Beirne, Maynard,
& Parsons L.L.P.
Houston, Texas

ASSISTANT EDITOR
Janice Hartrick
Dallas, Texas

INTERNATIONAL EDITOR
David F. Asmus
Baker Botts L.L.P.
Houston, Texas

OIL AND GAS EDITOR
Thomas W. Ryan
TOTAL E&P USA, INC.
Houston, Texas

POWER/ALTERNATIVE ENERGY EDITOR
Mark R. Robeck
Baker Botts L.L.P.
Houston, Texas

INSTITUTE FOR
ENERGY LAW
The Center for American and International Law
5201 Democracy Dr. Plano, Texas 75024
Tel: 972.244.3400
Fax: 972.244.340
Tim T. West
Chair, IEL Advisory Board
Associate General Counsel
Devon Energy Corporation
Houston, Texas
David B. Winn
IEL Director and
CAIL Vice President
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Volume 2, No.3 -- October 2008 |
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Status on Mexico's Bio-Fuel and Renewable Energy Legislation
Submitted by Rogelio López-Velarde and Ruben Almaraz, López Velarde, Heftye y Soria
The Law for the Promotion and Development of Bio-fuels (the “Bio-fuels Law”) was published in Mexico’s Federal Register on February 1, 2008 and became effective on the following day. The Bio-fuels Law establishes the basis and guidelines to promote the production of bio-fuels and the development of infrastructure for its production, transportation, storage, distribution and marketing. Emphasis is made by the statute in the protection of the environment and reduction of air pollution emissions. The Bio-fuels Law also establishes measures for protection of Mexico's self-supply of critical agricultural products, such as corn.
Get the full story. |
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Texas Supreme Court Decision in Coastal v. Garza: Rule of Capture Bars Recovery of Drainage Damages for Subsurface Trespass from Hydraulic Fracturing
Submitted by Daniel M. McClure, William D. Wood and Robert S. Ballentine, Fulbright & Jaworski LLP
On August 29, 2008, the long-awaited decision in Coastal Oil & Gas Corp. v. Garza Energy Trust and its anticipated disposition of whether hydraulic fracturing that extends beyond lease lines constitutes common law trespass was delivered by the Texas Supreme Court. According to the opinion, written by Justice Nathan L. Hecht, damages based upon the drainage of natural gas from underneath the plaintiffs’ property caused by fractures extending across lease lines generated by hydraulic fracturing of a natural gas well on adjacent land, fail to support a claim for subsurface trespass because the rule of capture effectively bars the recovery of any such damages. The opinion, however, expressly declined to decide whether subsurface fracing could ever give rise to an action for trespass.
Get the full story. |
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Hurricane Ike: Far Reaching Winds
Get the full story. |
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Analysis of Supreme Court's Decision in Morgan Stanley Capital Group, Inc. v. Public Utility District No. 1 of Snohomish County
U.S. Supreme Court holds Mobile-Sierra presumption applies to electricity contract rates both before and after the contract becomes effective, regardless of whether rate is challenged by a purchaser or seller.
In Morgan Stanley Capital Group, Inc. v. Public Utility District No. 1 of Snohomish County, the United States Supreme Court addressed two issues (1) whether the Mobile-Sierra presumption that a contracted electricity rate is just and reasonable applies to challenges to the rate by purchasers as it does to challenges by sellers, and (2) whether the presumption applies only when the Federal Energy Regulatory Commission (FERC) has had an opportunity to review the contract rate before it becomes effective.
Get the full story.
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Alleged Release of Toxins at BP Texas City Refinery
Six workers at the BP Plant in Texas City filed suit last month in the 212th Judicial District Court of Galveston County, Texas against BP Products North America, Inc., attempting to capitalize on the city’s nickname – “Toxic City”. The lawsuit, styled Booker v. BP Products N. America, Inc., Cause No. 08CV0569, alleges the plaintiffs have suffered from painful, severe, and permanent injuries that were caused by exposure to toxic substances released at the refinery. Plaintiffs allege that more than 100 workers at the plant were sent to the hospital on April 10 and April 19, 2007 for treatment and decontamination after unidentified toxic substances were released into the air.
Get the full story. |
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Pipeline Company Settles with the EPA for $5.3 Million
Recently the Magellan Pipeline Company reached a settlement with the Environmental Protection Agency to resolve an ongoing lawsuit alleging illegal discharge of fuel. Magellan is the owner and operator of a 6,700 mile long petroleum pipeline network with 39 terminal facilities in the states of North Dakota, South Dakota, Minnesota, Nebraska, Iowa, Wisconsin, Illinois, Missouri, Arkansas, Kansas, and Oklahoma that came under scrutiny after two investigations revealed potential inadequacies in Magellan’s pipelines.
Get the full story. |
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Texas Supreme Court holds Public Utility Commission Cannot Revise Contract Formed before Deregulation
In Texas Municipal Power Agency v. Public Utility Commission of Texas, the Texas Supreme Court addressed the issue of whether the Public Utility Commission of Texas had jurisdiction to revise the sales rate set by a contract negotiated before deregulation. 253 S.W.3d 194 (Tex. 2007). The court held that no such jurisdiction exists, and recently denied rehearing of the issues involved.
Get the full story. |
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Blake Winburne |
David Gunn |
Sustaining member Baker Botts L.L.P. added Blake H. Winburne as an advisory board member.
Sustaining member Beck, Redden & Secrest, L.L.P. added David M. Gunn as an advisory board member. |
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Sustaining member Winstead PC added Walter H. Walne III as an advisory board member.
A new Sponsoring Member is Jesse R. Pierce & Associates, P.C. (Jesse R. Pierce, Houston)(not pictured) |
Walter Walne |
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Matt Carroll |
New Associate Members are Norka M. Schell (Newark)(not pictured) and Matt Carroll (Balch & Bingham LLP, Birmingham).
New Government Members are Yaya Moussa (International Monetary Fund, Washington, D.C.)(not pictured), U.S. Dept. of Interior, Office of Mining Reclamation and Enforcement (Kerry Trojnar, Washington, D.C.)(not pictured) and U.S. Dept. of Transportation, Pipeline and Hazardous Materials Safety Administration (Sherri Pappas, Washington, D.C.)(not pictured). |
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Participate in the IEL Online Forum
The IEL Online Forum is a free service available to all members of the IEL. At this time, only IEL members are invited.
To learn how you can participate in the Forum, click here. |
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International Energy Law, Contracts, and Negotiations -
Part 2: Midstream Issues
& Agreements
September 29-October 3, 2008 | Houston, Texas |
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Oil & Gas Law Short Course
October 20-24, 2008 | Houston, Texas |
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7th Annual Energy Litigation Conference
October 28, 2008 | Houston, Texas |
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Law of Climate Change
November 7, 2008 | Plano, Texas |
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IEL-SEERIL International Oil and Gas Law Conference
November 16-18, 2008 | London, England |
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Annual Advisory Board Reception and Dinner
February 18, 2009 | Houston, Texas |
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60th Annual Oil and Gas Law Conference
February 19-20, 2009 | Houston, Texas |
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2nd Power and Alternative Energy Conference
April 22-23, 2009 | Houston, Texas |
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Institute for Natural Resources Law Teachers
May 26-29, 2009 | Chico Hot Springs, Montana |
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International Energy Law, Contracts, and Negotiations -
Part 1: Upstream Issues
& Agreements
September 21-25, 2009 | Houston, Texas |
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International Energy Law, Contracts, and Negotiations -
Part 2: Midstream Issues
& Agreements
September 28-October 2, 2009 | Houston, Texas |
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Oil & Gas Law Short Course
October 19-23, 2009 | Westminster, Colorado |
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