Unveiling the Potential of Hydrogen for a Sustainable Future
Embarking on an era of revolutionary energy solutions, hydrogen emerges as a key player, offering a pathway to unparalleled energy efficiency, environmental resilience, and economic competitiveness. Employing the use of hydrogen as a power source is not a new concept, but recent advances in technology have finally allowed us to make progress in this field.... Read More
Navigating the Implications of the New Beneficial Ownership Disclosure Requirement in The United States
In a paradigm shift towards corporate transparency, the clock struck January 1, 2024, ushering in the era of the Corporate Transparency Act (“CTA”). The CTA is federal legislation, originally passed in 2021, with a primary objective of proactively addressing and counteracting money laundering, terrorist financing, corruption, tax fraud and other illicit activities. This objective is... Read More
Iskandia Energy Operating, Inc. v. SWEPI LP
In Iskandia Energy Operating, Inc. v. SWEPI LP, the 8th Court of Appeals addressed the issue of trespass associated with deep subsurface wastewater migration and highlighted problems related to saltwater disposal. The court held that a trespass claim based on unauthorized interference with a lessee’s development right is recognized by Texas law if the injury... Read More
Powell, et al. v. Statoil & Gas
In the recent opinion of Powell, et al. v. Statoil Oil & Gas, the North Dakota Supreme Court emphasized that the responsibility to pay royalties under an oil and gas lease constitutes a contract embedded in a document influencing ownership rights to real property, as defined by N.D.C.C. § 28–01–15(2). The Court held that the 10-year... Read More
Industry Update: The Suez Canal
In the maelstrom of geopolitics, recent conflicts in the Middle East have far-reaching consequences that extend beyond the battlefield. The Israel-Palestine War, a long-standing and deeply complex struggle, has been at the core of global attention for decades. While its implications on international relations and humanitarian crises are primarily analyzed, one topic that often remains... Read More
Renewable Energy or Renewable Nuisances
Bright red lights shining through windows at night, coupled with the endless drone of a wind turbine chopping through the air at all hours of the day—these are just two of the complaints from residents near wind farms in the ongoing struggle between a peaceful life and the pursuit of renewable energy. The leading case... Read More
Procedure Update: North Dakota Contracts Involving Tribal Member Land
Throughout the country, many oil and gas companies conduct commercial activities on tribal territory. In the case of a contract dispute in North Dakota, what is the proper procedure for companies to resolve the issue? Generally, when there is a dispute between a nontribal company and a tribal member involving activity within tribal territory, tribal... Read More
Caselaw Update: Echols Minerals, LLC et al. v. Green et al.
In Echols Minerals et al. v. Green, et al., the 11th Court of Appeals issued a ruling that narrows the Duhig principal when addressing an over conveyance by a mineral owner. The case involved a 33.25/278.5 non-participating royalty interest (“NPRI”) reserved in a general warranty deed. A NPRI gives the owner a right to the... Read More
Gas Flaring: Transforming Emissions into Power
What is Gas Flaring? Gas flaring has been a customary practice since the inception of oil production over 160 years ago. When oil is produced, it comes to the surface with methane and other gases. Flaring is the process of burning excess natural gas at the well using a flare to ignite the methane and... Read More
Analyzing SCOTUS’ Decision in Sackett v. EPA
Introduction On May 25, 2023, the United States Supreme Court issued a decision in Sackett v. EPA, which involved a challenge to the Environmental Protection Agency’s (“EPA”) enforcement of the Clean Water Act of 1972 (“CWA”). The CWA covers “navigable waters,” statutorily defined as the “waters of the United States” (“WOTUS”), as opposed to bodies... Read More