Energy Law Advisor
July 2022
- Administrative Editor – Kelly Ransom
- Associate Editors – DJ Beaty, Braden Christopher, James Collura, Chris Furey, Jennifer Kaiser, Omer “Rick” Kuebel, Parker Lee, Kristin Leveille, Libby McDonnell, Nneka Obiokoye, Zachary Oliva, Kelly Perrier, Justin Rubenstein and Erin Potter Sullenger
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Industry Updates
The Wait for Answers About Louisiana R.S. 30:16 Citizen Suits Continues
In January 2022, the Louisiana Supreme Court heard arguments on which, if any, prescriptive period applies to a private landowner’s action under La. Rev. Stat. § 30:16 for remediation of alleged property contamination arising from historical oil and gas operations. R.S. 30:16 allows private citizens to sue to restrain violations of conservation regulations if the Commissioner of Conservation of the Louisiana Department of Natural Resources fails to do so.
By Jane A. Jackson, Kelly Hart Pitre
Reasonably Prudent Operator or Good and Workmanlike Manner: Does Your Contract Have the Right Standard of Care?
The standard of care is an important provision in any operating, management or services agreement because it sets forth the expectations of the parties as to how the contract should be carried out. It also functions as the benchmark by which the service provider’s performance under the contract will be measured. Parties on both sides of the table should have a clear understanding of what the standard of performance is under the contract and how it applies to the services provided.
By Parker A. Lee, Ming Lei, and Dominique J. Torsiello, McDermott Will & Emery LLP
Finding a Home for a Hydrogen Hub: Ohio, West Virginia, and Pennsylvania Seek to Bring a Hydrogen Hub Under the Infrastructure Investment and Jobs Act
The interest in hydrogen production skyrocketed following the passage of the Infrastructure Investment and Jobs Act in November 2021, which allocates billions of dollars in federal funding for hydrogen research and development. In particular, the IIJA provides $8 billion in funding for the creation of at least four regional clean hydrogen hubs—networks of clean hydrogen producers, potential consumers, and connective infrastructure within a close proximity.
By Candace B. Smith and Braden L. Christopher, Steptoe & Johnson, PLLC
US FERC Issues Proposed Rule to Improve Regional Transmission Planning and Related Cost Allocation – Too Little, Too Late?
On April 21, 2022, the United States Federal Energy Regulatory Commission issued a notice of proposed rulemaking entitled “Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator Interconnection” to improve regional transmission planning and cost allocation of certain types of transmission. The NOPR was issued in Docket RM21-17-000, which was opened last July with a related advance notice of proposed rulemaking. This docket has seen active participation by interested parties and has included one public meeting.
By J. Paul Forrester and Mark C. Williams, Mayer Brown LLP
Onshore Federal Oil and Gas Leasing Resumes
On April 15, 2022, 16 months after issuing Executive Order 14008, which, among other things, enacted a temporary moratorium on the sale of new oil and gas leases on federal lands and waters, the Biden administration announced that it will resume onshore oil and gas lease sales on federal lands effective April 18, 2022.
By David Castro, Rahul Vashi, Jonathan Kidwell, Jennifer Cornejo, and Jarrod Gamble, Kirkland & Ellis LLP
The Renewable Fuel Standard
When George W. Bush signed the Energy Policy Act of 2005 and the Energy Independence and Security Act of 2007, ethanol was hardly a household name, even though it had been used as a fuel since the early 1800s. The Renewable Fuel Standard established by the Acts required that domestically produced renewable fuels, like ethanol, be blended into U.S. transportation fuel. While the RFS was originally intended to increase U.S. energy security by substituting ethanol for imported petroleum, in recent years it has come to be viewed as a tool to help reduce carbon emissions through the substitution of fossil fuel based fuels with fuels produced from renewable sources.
By Alan Alexander, Matthew Dobbins, Josh Heideman, and Ellen Campbell, Vinson & Elkins LLP
Diversity, Equity & Inclusion Highlight
Responding with Empathy: How You Can Support Your BIPOC Colleagues in the Wake of Racially Motivated Aggression
On May 14, 2022, an armed shooter entered a Tops Friendly Market grocery store in Buffalo, New York, and killed ten Black people in a racially motivated act of domestic terrorism. This event is unfortunately far from unique in America’s recent history. It is one more incident in a series of racially motivated killings that have rocked the Black community over the past few years. The Asian American community has also seen a significant rise in racially motivated violence since the advent of COVID-19.
By Nneka Obiokoye
IEL Announces 5th Leadership Class
The Institute for Energy Law (IEL) is pleased to announce the 5th Leadership Class. Forty-one accomplished professionals were selected to take part in the 2022-2023 class. The class consists of attorneys from ten states, Canada, and Mexico. Their experience in the field ranges from three to thirteen years. While many of the class members work in oil and gas litigation and transactions, several members also have experience in areas such as environmental, regulatory, construction, commercial, ESG, leasing, royalty, renewables, LNG, CCUS, finance, and much more.
Class members are dedicated to the communities in which they live, and their pro bono efforts. The class includes several avid travelers, athletes (soccer, gymnastics, sporting clays, swimming, running, hockey, and more), cooks, musicians, and a SCUBA diver.
Sessions for the class will begin online in July and the class will attend a retreat in October. The class will continue through spring 2023 with webinars, networking events, and other programming geared specifically towards young energy professionals.
The 2022-2023 IEL Leadership Class consists of the following individuals:
- Megan Anderson, ConocoPhillips Company
- Brian Annes, Sentinel Peak Resources
- Andrew William Bell, Michelman & Robinson, LLP
- Henry D. Benton, Locke Lord LLP
- Lindsay Lombard Buchanan, Baker Botts LLP
- Lindsay McNeil Contreras, Frost Brown Todd LLC
- Tiffany Dupree, Jones Walker LLP
- Jude Andrew Dworaczyk, Valero Energy Corporation
- Matthew Charles Eagan, Sentinel Midstream
- Francisco J. Escobar-Calderon, Norton Rose Fulbright US LLP
- Abigail (Abbie) Farmer, Shell USA, Inc.
- Bonnie Cantwell Fraase, Yetter Coleman LLP
- Thomas J. Galligan, Reed Smith LLP
- Andrew F. Gann, Jr., McGuireWoods LLP
- Benjamin Gonsoulin, Baker Botts L.L.P.
- Mary Hunter Gramling, State of Alaska, Department of Law
- Rhianna Hoover, Debevoise & Plimpton, LLP
- Gina Kantos, Reed Smith LLP
- M. Imad Khan, Winston & Strawn
- Alexandria D. Lay, Steptoe & Johnson PLLC
- Jennifer Lee, First Solar, Inc.
- Ming Lei, McDermott Will & Emery LLP
- Marilu Lopez Peralta, Shell
- Caleb Joseph Madere, Liskow & Lewis
- Jonathon McCartney, Double Eagle Energy Holdings
- Megan Morgan, Beveridge & Diamond, P.C.
- Jared Elijah-Akeem Nelson, Liskow & Lewis
- Gabriella "Gabe" Oxford, Pillsbury Winthrop Shaw and Pittman LLP
- Julia Peebles, Haynes and Boone, LLP
- Priya Giyarpuram Prasad, Department of Commerce
- Marcos Rosales, Beck Redden LLP
- Adam Jonathan Russ, Gordon, Arata, Montgomery, Barnett, McCollam, Duplantis & Eagan, LLC
- Daniel Stanton, Kean Miller LLP
- Tiffany Sumrall, Shell USA, Inc.
- Samantha Leigh Thompson, Hogan Thompson LLP
- Amy Elizabeth Tomlinson, Liskow & Lewis
- Claudia Trevino, Repsol USA
- Michael Ventocilla, White & Case LLP
- Courtney Rose Wade, Jackson Walker
- Adam Whitehouse, Gibson, Dunn & Cutcher LLP
- Lara Yeung, Shell Canada Limited
Upcoming Events
-
13th Appalachia Energy Law Conference (f/k/a Law of Shale Plays Conference) | Pittsburgh, PA | September 8
- International Oil & Gas Law, Contracts, and Negotiations – Part 1 | Houston, TX | October 3-7
- 6th National Young Energy Professionals’ Law Conference | New Orleans, LA | October 5-6
- International Oil & Gas Law, Contracts, and Negotiations – Part II | Houston, TX | October 10-14
- 39th Annual Oil & Gas Law Short Course | Houston, TX | October 17-21
- 21st Annual Energy Litigation Conference | Houston, TX | November 9
- 2nd ITA-IEL-ICC Joint Conference on International Energy Arbitration | Singapore | November 16-17
- 11th ITA-IEL-ICC Joint Conference on International Energy Arbitration | Houston, TX | January 19-20, 2023
- 74th Annual Energy Law Conference | Houston, TX | February 16-17, 2023
New Members
We are honored and excited to add the following companies and individuals to IEL’s membership roster. Please join us in welcoming them to our organization!
Sustaining Members:
- J.S. Held LLC, Los Angeles, CA with Caitlin Donohoe, Richard Donohoe, John Dulude, Mike Gaudet, Kelly Hommen, Edo Macan, Caleb Sturm, Karyl Van Tassel, and Thomas Weng as advisory board members.
Associate Members:
- Mary Balaster, Reed Smith LLP, Houston, TX
- Cássio Braga Arantes, Squire Patton Boggs, Houston, TX
- Paula A. Galhardo, Squire Patton Boggs, Houston, TX
- James Jordan, Macquarie Bank Limited, Houston, TX
- Steve McCain, Houston, TX
- Jordan Silverman, SNH Capital Partners, Austin, TX
- Johannes P. Willheim, Jones Day, Frankfurt, Germany
Young Energy Professional Members:
- Brooke Bonnema, The Wunder Company, Chicago, IL
- Elizabeth Jensen Dye, Pillsbury Winthrop Shaw Pittman LLP, Houston, TX
- Francisco Escobar-Calderon, Norton Rose Fulbright US LLP, Houston, TX
- Mary Hunter Gramling, State of Alaska, Dept. of Law, Juneau, AK
- Randa Lewis, Reed Smith LLP, Pittsburgh, PA
- Gabriella Oxford, Pillsbury Winthrop Shaw Pittman LLP, Houston, TX
- Megan Powell, Golden Pass LNG Terminal LLC, Houston, TX
- Kirsten Teo, Dechert LLP, Washington, DC
- Amy Elizabeth Tomlinson, Liskow & Lewis, Houston, TX
- Vi Tran, Foley & Lardner LLP, Houston, TX