Publications for Energy, Oil & Gas Law
A recent federal case may have a big impact on wind projects in Michigan. Very recently, a large wind turbine company (Duke Energy Renewables Inc.) pleaded guilty in federal court in Wyoming to violating a federal law that protects migratory birds (the Migratory Bird Treaty Act [Bird Act]) in connection with the deaths of over 160 protected birds, including golden eagles, at the company’s wind projects in Wyoming. It is believed that this case represents the first ever criminal enforcement of the Bird Act for unpermitted bird killings at a wind farm.
Every provision of an oil and gas lease is negotiable, including the royalty to be paid to the landowner in the event of a successful well. If, however, we are successful in negotiating for a one-sixth royalty (which is the same royalty required on all leases with the State of Michigan) what difference would this small change make to a typical landowner?
The use of hydraulic fracturing in oil and gas exploration has recently generated significant public debate.
Most oil and gas leases proposed by oil companies provide for long primary terms and options that can double the primary term of a lease. The primary term is the initial period during which a well may be drilled.
The tumultuous world economic and political climate has had a profound effect on oil and gas exploration activities in Michigan.
On October 7, 2008 Foster, Swift's Energy and Sustainability Team members traveled by bus with clients and friends of the firm to visit the John Deere Wind Park located in Ubly, Michigan.
On September 15, 2009, the Michigan Court of Appeals struck down a MDEQ rule which had broadened challenges to MDEQ decisions approving or denying permit requests to install new major sources of air emissions.
As of January 1, 2010, many facilities and suppliers must collect GHG data, and initial emissions reports of 2010 emissions are due March 31, 2011.
As a first step in its quest to control greenhouse gases ("GHG"), the United States Environmental Protection Agency has proposed Rules for the reporting of certain GHG emissions within all sectors of the U.S. economy.