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….
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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…
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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…
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EPA’s Final Assessment Regarding the Impact of Hydraulic Fracturing on Drinking Water Resources
In December 2016, the Environmental Protection Agency (“EPA”) released its final assessment analyzing the potential impacts of hydraulic fracturing (“fracking”) on drinking water resources.[1. See United States Environmental Protection Agency, Hydraulic Fracturing for Oil and Gas: Impacts from the Hydraulic Fracturing Water…
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New Mexico’s Mancos Shale Development: “Go Ahead” to BLM on Oil and Gas Well Approvals is Affirmed by the U.S. Court of Appeals
On October 27, 2016, the U.S. Court of Appeals for the Tenth Circuit issued its opinion in Dine’ Citizens Against Ruining Our Environment et al. v. Jewell, Tenth Circuit Cause No. 15-2130, affirming the decision of the Honorable James Browning which rejected…
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Seismic Operations Held Subject to Notice and Negotiation Requirements of Surface Owners Protection Act
In a July 28, 2015 opinion, the New Mexico Court of Appeals (Court of Appeals) determined that geophysical seismic operations constitute “oil and gas operations” under NMSA 1978, § 70-12-5(A) of the Surface Owners Protection Act (SOPA), thereby subjecting an operator to strict…
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Southern Ute Sues to Bar Applying BLM’s Fracking Rule to Tribal Oil and Gas
The Case: The Southern Ute Indian Tribe (Tribe) filed suit on June 18, 2015 in the United States District Court for the District of Colorado[1. Southern Ute Indian Tribe v. U. S. Department of the Interior, D. Colo. No. 1:15-cv-01303.] against the Department…
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Ten Selected 2016 Lawyer of Year by Best Lawyers®
Modrall Sperling is pleased to announce that 10 of the firm’s attorneys were recently selected by their peers for expertise in their practice areas and named 2016 “Lawyers…
POSTED IN: Recognition
New Mexico Oil Conservation Commission Adopts New Produced Water Regulations
On March 12, 2015, the New Mexico Oil Conservation Commission formally approved a revision to the Commission’s produced water regulations. The revised Rule repeals and replaces existing Rule 34, which regulates the disposition of produced water, and enacts a new rule regulating…
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No Mora Moratorium on Drilling
United States District Court Judge James Browning issued a lengthy opinion on January 19, 2015 invalidating Mora County’s “Community Rights and Local Self-Government Ordinance”, enacted by the County in 2013, that prohibited oil and gas development by corporations in the county. See SWEPI,…
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