Modrall Sperling Law Firm

Solenex, LLC v. Bernhardt, Secretary, U.S. Department of the Interior: Cancellation of 1982 Oil and Gas Lease Upheld – Significant Cultural and Religious Lands of the Badger-Two Medicine Area in Montana

Introduction and Setting           On June 16, 2020, the United States Court of Appeals for the District of Columbia wrote what could be the last chapter in a long-running dispute over an oil and gas lease issued by…

POSTED IN: Alerts, Articles

Court Resuscitates NWP 12 But Only for Non-Pipeline Projects

The United States District Court for the District of Montana breathed partial life back into Nationwide Permit 12 (NWP 12) in its May 11, 2020 decision limiting the scope of its April 15, 2020 vacatur of NWP 12 to new construction of…

POSTED IN: Articles

A Cure for the Common Coronavirus – Keeping Your Lease Alive

Many oil and gas leases and contractual arrangements that made sense a few weeks ago make no sense at current oil prices.  The law may, however, provide some relief for those stuck between low oil prices and the need to spend millions…

POSTED IN: Alerts, Articles

New Mexico Produced Water Act

The New Mexico Legislature passed by an overwhelming majority, and Governor Lujan Grisham signed, the Produced Water Act, a bipartisan effort to encourage and facilitate the recycling and reuse of produced water by oil and gas producers and the conservation of fresh…

POSTED IN: Articles

Tenth Circuit Overturns BLM’s Mancos Shale Oil and Gas APD Approvals

Dine’ Citizens Against Ruining our Environment, an environmental non-governmental organization (NGO) and other environmental groups (collectively, Dine’ CARE), brought suit against the United States Bureau of Land Management (BLM) and the Secretary of the Interior, challenging the BLM’s compliance with the National…

POSTED IN: Articles

Annual Environmental Law Update

This paper was originally published by the Rocky Mountain Mineral Law Foundation in the Proceedings of the 64th Annual Rocky Mountain Mineral Law Institute (2018) This chapter highlights…

POSTED IN: Articles

What’s in a Net Royalty Acre?

We all understand the definition of “net mineral acre.” It is derived by multiplying a fractional interest in minerals by the acreage over which the interest is owned….

POSTED IN: Articles

Dakota Access Pipeline Project Update—Corps’ NEPA Analysis Flawed-In Part

Introduction: On June 14, 2017, U.S. District Court Judge Boasberg issued a lengthy Memorandum Opinion granting in part the Standing Rock Sioux Tribe’s (Standing Rock) and Cheyenne River Sioux Tribe’s (Cheyenne River) Motions for Summary Judgment.1 The Dakota Access Pipeline (DAPL) project…

POSTED IN: Articles

ONRR’s Federal Oil & Gas and Federal & Indian Coal Valuation Reform: A Call for Comments, Industry Here’s Your Shot

As noted in a previous update,1 on January 6, 2015 the U.S. Department of the Interior’s Office of Natural Resource Revenue (ONRR) announced a proposed rulemaking amending its regulations governing valuation, for royalty purposes, of oil and gas produced from Federal onshore…

POSTED IN: Articles

The BLM’s New Venting and Flaring Rule: Potential Future Developments

As noted in our Spring 2016 issue, the Bureau of Land Management (“BLM”) published a proposed rule concerning Waste Prevention, Production Subject to Royalties, and Resource Conservation in the Federal Register on February 8, 2016, commonly referred to as the BLM’s “Venting…

POSTED IN: Articles