Mineral Law

Insight and Information on the Oil, Gas, Pipeline, & Mining Industries

Reversing 30-Year Policy, U.S. DOJ Says Settlements Can No Longer Include Supplemental Environmental Projects (SEPs)

March 24, 2020

This post was co-authored by Beth Ginsberg & Krista McIntyre. The U.S. Department of Justice (U.S. DOJ) recently issued a memorandum stating that settlements, including consent decrees, entered by the Environmental Protection Agency (EPA) and other federal agencies can no longer include a Supplemental Environmental Project (SEP), unless the SEP is expressly authorized by Congress. Companies and individuals accused of violating environmental laws and permits, like Clean Air Act and Clean Water Act permits,…

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PHMSA Issues Guidance on Enforcement During COVID-19 Outbreak

By Max Yoklic

March 24, 2020

Like many other regulators, on March 20, 2020 the Pipeline and Hazardous Materials Safety Administration (PHMSA) released guidance on enforcement activity during the novel coronavirus (COVID-19) outbreak. The guidance states that “PHMSA does not intend to take any enforcement action with regard to [operator qualification] and [control room management] requirements, and will consider exercising its enforcement discretion with regard to Part 199 drug testing requirements.” PHMSA is “taking into consideration the exigent circumstances” that may…

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Update on Alaska’s Ongoing Budget, Regulatory and Tax Disputes

By Jonathan Iversen

March 4, 2020

In my latest State Tax Notes column, I provide an update on H.B. 331, which was passed by the State Legislature in 2018 to create a mechanism to finance the purchase of some $700 million in outstanding rebatable tax credits. I also look at continuing budget tensions in the state, efforts to reduce and simplify various regulations, and the Alaska ‘Fair Share Act’ Initiative, which if enacted would impose a sizable tax increase on some…

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EPA Proposes Changes to the Multisector General Permit That Will Affect Oil and Gas Extraction Permittees

By Veronica Keithley & Ryan Steen

March 2, 2020

The Environmental Protection Agency (EPA) has proposed a draft Multisector General Permit (MSGP) under the National Pollutant Discharge Elimination System (NPDES) program for stormwater discharges related to industrial activity. In Alaska, EPA has jurisdiction over NPDES permitting on federal property within Denali National Park, in federal waters (three miles or more offshore), and on certain Indian Country lands. In California, EPA has jurisdiction over NPDES permitting under the MSGP on Indian Country lands. EPA’s draft…

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Coming Attractions: Section 45Q Carbon Sequestration Guidance, Part II

By Eric Martin

February 26, 2020

The IRS’s much anticipated new guidance (here and here) for Section 45Q carbon sequestration tax credits was rather anticlimactic in that it focused on just two of the many issues for which the IRS had solicited comments in May 2019. Largely patterned after existing IRS guidance for renewable energy tax credits, the new guidance addressed (1) Section 45Q’s requirement that facility construction commence before January 1, 2024, and (2) tax credit allocation within…

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Alaska Oil and Gas Conservation Commission Proposes Repeal of Certain Alaska Administrative Code Regulations

By Tina Grovier

November 18, 2019

The Alaska Oil and Gas Conservation Commission (AOGCC) has proposed a repeal of regulation changes in 20 AAC 25. of the Alaska Administrative Code. Specific regulations proposed for repeal are as follows: 20 AAC 25.037 well control requirements for other drilling and completion operations; 20 AAC 25.047 reserve pits and tankage; 20 AAC 25.225 potential of gas wells; 20 AAC 25.245 common production facilities; 20 AAC 25.260 illegal production; 20 AAC 25.528 open pit storage…

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Federal Mine Safety and Health Review Commission Withdraws Simplified Procedures

By Willa Perlmutter

November 13, 2019

The Federal Mine Safety and Health Review Commission (“Commission”) announced that it intends to withdraw its simplified proceedings rule effective November 25, 2019. The Commission’s Federal Register announcement is found here. The simplified proceedings were originally published in a final rule by the Commission on December 28, 2010. The Commission’s intention was to streamline its increasing caseload by making the administrative process more efficient for the simplest cases, sharply limiting discovery and implementing compressed…

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Update on Alaska’s Efforts to Finance Oil and Gas Tax Credit Purchases

By Jonathan Iversen

November 1, 2019

In my most recent column for State Tax Notes, I provide an update on H.B. 331, which was passed by the State Legislature in 2018 to create a mechanism for the issuance of up to $1 billion in bonds to finance oil and gas tax credit purchases. I also look at budget tensions created by the impasse over H.B. 331 as well as a push by some state legislators for additional changes to the structure…

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Alaska DNR Issues Notice of Public Scoping for Possible Appeal Regulations Revisions

By Shannon Behm-Bleicher & Ramona Monroe

October 30, 2019

The Alaska Department of Natural Resources (DNR) is soliciting public comment regarding potential regulation revisions involving the process for filing and handling appeals and requests for reconsideration under 11 AAC 02. No specific regulations are being proposed at this time. Rather, DNR is seeking public input and suggestions before the department begins drafting proposed regulations. DNR is seeking feedback on whether and how the department could revise the current regulatory framework related to providing public…

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MSHA Announces Reinstatement of 2017 Obama-Era Rule on Workforce Examinations

By Ariel Stavitsky & Willa Perlmutter

October 3, 2019

On Monday, September 30, the Mine Safety and Health Administration (MSHA) reinstated an Obama-era rule imposing heightened requirements for health and safety workplace examinations in surface metal and nonmetal mines. The reinstatement represents yet another volley in an already protracted regulatory process spanning two presidential administrations and multiple lawsuits. The 2017 Obama-era rule, marking one of the administration’s final acts, required that: workplace exams had to be completed before miners begin work in the area…

Mineral Law

Insight and Information on the Oil, Gas, Pipeline, & Mining Industries

Blog Authors

Reversing 30-Year Policy, U.S. DOJ Says Settlements Can No Longer Include Supplemental Environmental Projects (SEPs)

PHMSA Issues Guidance on Enforcement During COVID-19 Outbreak

Update on Alaska’s Ongoing Budget, Regulatory and Tax Disputes

EPA Proposes Changes to the Multisector General Permit That Will Affect Oil and Gas Extraction Permittees

Coming Attractions: Section 45Q Carbon Sequestration Guidance, Part II

Alaska Oil and Gas Conservation Commission Proposes Repeal of Certain Alaska Administrative Code Regulations

Federal Mine Safety and Health Review Commission Withdraws Simplified Procedures

Update on Alaska’s Efforts to Finance Oil and Gas Tax Credit Purchases

Alaska DNR Issues Notice of Public Scoping for Possible Appeal Regulations Revisions

MSHA Announces Reinstatement of 2017 Obama-Era Rule on Workforce Examinations

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