Energy Law This Week

In this conversation, Matt Jones, April Rolen-Ogden, and Michael Golemi discuss the critical steps and considerations involved in responding to catastrophic incidents. They cover initial actions, the importance of communication with government agencies, insurance notification, and the complexities of maintaining privileges and working with the root cause analysis process. The discussion emphasizes the need for careful evidence preservation and the role of experts in managing these situations effectively. The conversation concludes with practical pro tips for handling catastrophic responses.

Liskow is a full-service law firm focused on the energy sector. With offices strategically located across the Gulf Coast, and now New York, the firm serves all aspects of energy law.

https://www.liskow.com

https://www.liskow.com/team/matt-jones

https://www.liskow.com/team/april-l-rolen-ogden

https://www.theenergylawblog.com

https://www.linkedin.com/in/matt-jones-8315786

https://www.linkedin.com/in/aprilrolenogden

https://www.liskow.com/team/michael-a-golemi

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In this episode of Energy Law This Week, Matt Jones and April L. Rolen-Ogden discuss significant legal updates in the energy sector, including Colorado’s pioneering regulations on recycling frack water and a recent court decision involving the Sierra Club and the Department of Energy. John Almy then joins to delve into the importance of Master Service Agreements (MSAs) in the energy industry, exploring their role in managing contracts, risk allocation, and insurance considerations. The conversation also highlights the need to update MSAs to capture insurance protection and to maintain consistency of indemnities. John and the crew also offer practical tips for effective contract management.

Liskow is a full-service law firm focused on the energy sector. With offices strategically located across the Gulf Coast, and now New York, the firm serves all aspects of energy law.

https://www.liskow.com

https://www.liskow.com/team/matt-jones

https://www.liskow.com/team/april-l-rolen-ogden

https://www.theenergylawblog.com

https://www.linkedin.com/in/matt-jones-8315786

https://www.linkedin.com/in/aprilrolenogden

https://www.liskow.com/team/john-almy

https://www.linkedin.com/in/johngalmy/

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Hosts Matt Jones and April L. Rolen-Ogden cover recent cases on the duty to market, always an ongoing issue, and the newest jurisprudence highlighting the need to update master service agreements. The team then delves into the complexities of well control insurance, (sometimes called loosely called blowout insurance), exploring its importance, coverage details, and the common pitfalls that often lead to non-pursuit of legitimate claims. The conversation highlights the nuances of these claims, the role of engineers in understanding risks and recognizing claims, and the litigation challenges that arise in the context of underground flow incidents. The hope is that through a fuller understanding of these coverages, operators and even non-ops will take appropriate advantage of coverage they have purchased.   

Liskow is a full-service law firm with a strong focus on the energy sector, providing regulatory guidance, transactional counsel, and high-stakes litigation services. With offices strategically located across the Gulf Coast, and now New York, the firm serves clients in the energy, environmental, and maritime industries, as well as regional businesses across various sectors.

00:00Introduction and Legal Update Overview

03:08Case Analysis: Anderson Living Trust vs. Conoco Phillips

05:59Case Analysis: Lexington Insurance vs. Exxon Mobil

08:59Understanding Blowout (Well Control) Insurance

11:58Defining Blowouts and Coverage Triggers

14:58Claims Process and Coverage Details

17:57Subsurface Risks and Coverage Gaps

21:01The Role of In-House Engineers in Insurance Claims

23:54Pollution Coverage and Additional Perils

27:05Who Carries Well Control Insurance?

30:04Litigation and Coverage Disputes

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This episode welcomes Bill Pugh, who has handled oilfield indemnities for many decades. The discussion covers the basics of indemnities, the knock-for-knock structure often used in oil and gas, and how multi-party indemnities can quickly become as complex as a game of 4-D chess. Matt and April run through it all with Bill as well as providing a legal update on the latest cases.  

Liskow is a full-service law firm focused on the energy sector. With offices strategically located across the Gulf Coast, and now New York, the firm serves all aspects of energy law.

https://www.liskow.com

https://www.liskow.com/team/matt-jones

https://www.liskow.com/team/april-l-rolen-ogden

https://www.theenergylawblog.com

https://www.linkedin.com/in/matt-jones-8315786

https://www.linkedin.com/in/aprilrolenogden

William W. “Bill” Pugh | Liskow & Lewis, APLC

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This week’s legal update includes an update on the Greenpeace trial, the latest challenges in offshore oil and gas leasing, and a glimpse into how the new Texas business courts may affect oil and gas litigation in the Lone Star State. From there, the discussion goes into gathering agreements, which are the beginning of the middle in oil and gas production, that is, the first step in midstream. These agreements involve large and long-term bets on both sides of the deal. Further, the timing of the deal can matter. Join lawyers experienced on both the drafting and litigation of these crucial but under-considered deals that are vital to getting production from wells to sales.

Liskow is a full-service law firm with a strong focus on the energy sector, providing regulatory guidance, transactional counsel, and high-stakes litigation services. With offices strategically located across the Gulf Coast, and now New York, the firm serves clients in the energy, environmental, and maritime industries, as well as regional businesses across various sectors.

Episode Links:

https://www.liskow.com

https://www.liskow.com/team/matt-jones

https://www.liskow.com/team/april-l-rolen-ogden

https://www.theenergylawblog.com

https://www.linkedin.com/in/matt-jones-8315786

https://www.linkedin.com/in/aprilrolenogden

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This episode discusses the significant legal case involving Greenpeace and Energy Transfer regarding the Dakota Access Pipeline protests. The conversation delves into the $660 million verdict against Greenpeace, the implications for free speech, the financial aspects of the case, and the role of the Standing Rock Sioux Tribe. The hosts also explore the venue of the trial, the potential for SLAPP laws, and provide practical tips for legal practitioners. Overall, the case is positioned as a pivotal moment in energy law and environmental activism.

Liskow is a full-service law firm with a strong focus on the energy sector, providing regulatory guidance, transactional counsel, and high-stakes litigation services. With offices strategically located across the Gulf Coast, and now New York, the firm serves clients in the energy, environmental, and maritime industries, as well as regional businesses across various sectors.

Episode Links: https://www.liskow.com/

https://www.liskow.com/team/matt-jones

https://www.liskow.com/team/april-l-rolen-ogden

https://www.theenergylawblog.com

https://www.linkedin.com/in/matt-jones-8315786

https://www.linkedin.com/in/aprilrolenogden

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Episode Description; This episode discusses the significant legal case involving Greenpeace and Energy Transfer regarding the Dakota Access Pipeline protests. The conversation delves into the $660 million verdict against Greenpeace, the implications for free speech, the financial aspects of the case, and the role of the Standing Rock Sioux Tribe. The hosts also explore the venue of the trial, the potential for SLAPP laws, and provide practical tips for legal practitioners. Overall, the case is positioned as a pivotal moment in energy law and environmental activism.

Liskow is a full-service law firm with a strong focus on the energy sector, providing regulatory guidance, transactional counsel, and high-stakes litigation services. With offices strategically located across the Gulf Coast, and now New York, the firm serves clients in the energy, environmental, and maritime industries, as well as regional businesses across various sectors.

Episode Links: https://www.liskow.com/

https://www.liskow.com/team/matt-jones

https://www.liskow.com/team/april-l-rolen-ogden

https://www.theenergylawblog.com

https://www.linkedin.com/in/matt-jones-8315786

https://www.linkedin.com/in/aprilrolenogden

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This conversation delves into the complexities of federal offshore issues by focusing on the jurisdictional foundation, the leasing processes, environmental regulations, and the implications of political changes on offshore operations. The discussion highlights the challenges posed by decommissioning obligations, financial assurances, and the impact of environmental concerns, particularly regarding the endangered Rice’s whale. The episode features insights from Liskow lawyer Jana Grauberger, who shares her extensive experience in the field.

Liskow is a full-service law firm with a strong focus on the energy sector, providing regulatory guidance, transactional counsel, and high-stakes litigation services. With offices strategically located across the Gulf Coast, and now New York, the firm serves clients in the energy, environmental, and maritime industries, as well as regional businesses across various sectors.

Episode Links

https://www.liskow.com

https://www.liskow.com/team/matt-jones

https://www.liskow.com/team/april-l-rolen-ogden

https://www.theenergylawblog.com

https://www.linkedin.com/in/matt-jones-8315786

https://www.linkedin.com/in/aprilrolenogden

https://www.liskow.com/team/jana-grauberger

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This conversation provides an in-depth analysis of recent developments in energy law, focusing on climate change litigation, wastewater management, legislative updates regarding hydraulic fracking, and the intricacies of joint operating agreements (JOAs). The discussion highlights the legal implications of these topics, the importance of COPAS provisions, and the dynamics between operators and non-operators in the oil industry.

Episode Links 

https://www.liskow.com

https://www.theenergylawblog.com

https://www.linkedin.com/in/matt-jones-8315786

https://www.linkedin.com/in/aprilrolenogden

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