Energy Law Advisor

Sponsoring:

• Chris Dodson, Cypress, TX
• Ottinger Hebert, L.L.C., Lafayette, LA with Patrick S. Ottinger as Advisory Board Representative

The 2020 winner of the Institute for Energy Law Hartrick Scholar Writing Competition is Jacob L. Dow. Jacob is a third-year student at the Texas Tech University School of Law. Before attending law school, Jacob earned his B.B.A. in Energy Commerce from Texas Tech University and worked as a contract landman. After graduation, Jacob will be working at Thompson & Knight LLP in their Dallas Office.

The winning paper was entitled To Drill or Not to Drill: Does a Lessee Truly Have to Drill a Well to satisfy the Habendum Clause of an Oil and Gas Lease? Jacob’s paper will be published in the Institute for Energy Law’s Proceedings of the 71^st Annual Institute on Oil & Gas Law and Texas Tech Law Review.

Jacob received $2,500 and attended the IEL’s 71st Annual Oil & Gas Law Conference on February 19-20 in Houston, with expenses paid by IEL.

Other finalists this year included:

• Nolan Deming of the University of Tulsa College of Law with the paper Fission Expedition: Florida's Regressive Nuclear Energy Policy and the Struggle to Change Course;
• Ryan Hefley of the University of Tulsa College of Law with the paper Crediting the Environment: A Challenge to the Oregon Clean Fuels Program;
• Katlyn Humbarger of Texas A&M School of Law with the paper Drilling to the “Maximum Extent Permitted by Law” The Complex Law, Regulation, and Judicial Interpretation Governing Offshore Oil and Gas Exploration and Production; and
• M. Hunter Terry of the University of San Diego School of Law with the paper CEQA and GHGs: Complying with Evolving Requirements for Environmental Impact Reports and Climate Action Plans.

National Young Energy Professionals’ Law Conference

Join the Institute for Energy Law in Austin, TX on March 25-27 for the fourth edition of our National Young Energy Professionals Law Conference!

This year’s conference is filled with opportunities for excellent education, great conversation, delicious food, and lots of fun! Our keynote this year is the energy litigation powerhouse, Shannon Ratliff. The program includes sessions such as, Networking Authentically, In House Perspectives, The Physics of Damages, Produced Water, Carbon Capture and Storage, Overcoming Implicit Bias, Speed Networking, Dinner at the Moonshine Grill, and so much more.

This conference is a fantastic opportunity for young professionals to get to know their peers in the industry and have a fun time learning.

To view the schedule, register, or learn more about sponsorship opportunities, click here.

Environmental and Energy Law Conference

Energy companies deal with environmental regulations every day and environmental concerns are inextricably woven into the fabric of the energy business.  IEL’s Environmental and Energy Law Conference will take a deep look into the environmental policies and regulations affecting energy companies. Join the Institute and an impressive faculty for one and a half days of CLE focused on this very specialized area of the law.

View the schedule

IEL Staff Changes

On January 1, IEL’s Director, Jay Ray, was promoted to Vice President of The Center for American and International Law.  Additionally, Jay Ray will also now serve as Co-Director of The Center for American and International Law’s Southwestern Institute for International and Comparative Law.  Jay Ray is responsible for IEL’s programming, committees, young energy professionals’ group, and the overall management of the organization.

Vickie Adams was promoted to Deputy Director of the Institute for Energy Law and Director of Special Programs at The Center for American and International Law. Vickie is responsible for IEL’s membership, conference registrations, social media, and publications.  

In addition to the promotion of two staff members, the Institute for Energy Law is pleased to announce the addition of a new member to the team.  Ryan Frome started as IEL’s new full-time staff assistant on February 10.  Ryan will be working with all aspects of the Institute for Energy Law.

If you have any questions or comments for IEL’s staff, please reach out using the contact information below:

• Jay Ray jray@cailaw.org
• Vickie Adams vadams@cailaw.org
• Deirdre DiMenna ddimenna@cailaw.org
• Ryan Frome rfrome@cailaw.org

IEL Practice Committee Highlight – Alternative & Renewable Energy

Turning Headlines to Strategies: Lessons Learned from the World’s Largest Energy Stakeholders

Pennsylvania Joins a Growing Number of States to Allow Cross-Unit Drilling
An Analysis of Act 85 of 2019

The unconventional oil and gas well community is innovating at a lightning fast pace resulting in more efficient and effective wellbores that extend past the traditional 640-acre unit size.  Innovation has not only lowered costs but could decrease surface disturbance and environmental factors.  This article will address these hurdles showcasing how recently enacted legislation known as Cross Unit Drilling for Unconventional Wells has eased the burden on operators; while noting potential risks, pitfalls and best practices.

Read More

By Jennifer Mosesso and Catherine Meehan, Steptoe & Johnson PLLC

The Council on Environmental Quality Proposes to Revise Its Rules Implementing the National Environmental Policy Act

On January 10, 2020, the Council on Environmental Quality (CEQ) published a proposal to comprehensively revise the regulations implementing the National Environmental Policy Act (NEPA).  85 Fed. Reg. 1684 (Jan. 10, 2020).  This proposal, if finalized, would be the first meaningful alteration to CEQ’s NEPA regulations, which have remained largely untouched since 1978.

Read More

By Kathleen C. Schroder & Courtney C. Shephard, Davis Graham & Stubbs LLP

Featured Student Articles

Water and Oil Don’t Mix: The Need to Remove the Drilling or Exploration Exemption in Texas

At least in Texas—water and oil regulation don’t mix. While oil and gas regulation is centralized and comprehensive, groundwater regulation is localized and deferential. The reasons for the different regulatory regimes mostly deal with the different uses for the two resources. Read more.

By Jordan Brownlow, SMU Dedman School of Law

The Nigerian Gas Flare Commercialisation Programme: Prospects and Challenges

Flaring of Associated Gas (AG) is a huge resource waste and causes significant emissions of greenhouse gases and air pollutants. Nigeria is one of the world’s largest emitters of flared gas. In 2014 alone, Nigeria flared more gases than it used for its domestic consumption and was ranked as the 5^th largest global producer of flared gas.  Read more.

By Jeremy Odor, postgraduate candidate in International Energy Law and Policy at the Centre for Energy, Petroleum, Mineral Law and Policy (CEPMLP), University of Dundee, Scotland

Secure Geologic Storage: 45Q, The ISO, and State Regulation

Section 45Q is a federal tax credit for carbon oxide sequestration that is intended to incentivize the capture and utilization of anthropogenic carbon dioxide (“CO₂”) for enhanced oil recovery. To claim the 45Q federal tax credit, the taxpayer must be able to quantify the volume of sequestered CO₂ and demonstrate that injection of CO₂ results in “secure geological storage.” Read more.

By Amy Pettit, University of Wyoming College of Law J.D. Candidate