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Local Regulation in Louisianas Haynesville Shale Jerry N. Jones 401 Edwards Street, Suite 1000 Shreveport, Louisiana 71101-5529 Shreveport, Louisiana 71101-5529.

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Presentation on theme: "Local Regulation in Louisianas Haynesville Shale Jerry N. Jones 401 Edwards Street, Suite 1000 Shreveport, Louisiana 71101-5529 Shreveport, Louisiana 71101-5529."— Presentation transcript:

1 Local Regulation in Louisianas Haynesville Shale Jerry N. Jones 401 Edwards Street, Suite 1000 Shreveport, Louisiana 71101-5529 Shreveport, Louisiana 71101-5529 Tel.: (318) 227-1131 Tel.: (318) 227-1131 Direct: (318) 934-4002 Direct: (318) 934-4002 Fax: (318) 227-1141 Fax: (318) 227-1141 E-mail: jjones@bradleyfirm.com E-mail: jjones@bradleyfirm.com Website: http://www.bradleyfirm.com Website: http://www.bradleyfirm.comhttp://www.bradleyfirm.com

2 Haynesville Shale Jerry N. Jones

3 October 2009: Louisiana Department of Natural resources announced that 10.4% of all oil and gas operations in the U.S. were in the Haynesville Shale And 5% of the countrys activity was in DeSoto Parish alone Jerry N. Jones

4 Heaviest Activity DeSoto Parish Red River Parish Caddo Parish Bossier Parish Jerry N. Jones

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7 Proximity of Haynesville Shale to Barnett Shale

8 Local regulation adopted in: Bossier Parish Caddo Parish DeSoto Parish Cities of Bossier City and Shreveport Jerry N. Jones

9 Areas of Regulation General drilling activities Road use, repairs, and maintenance Noise Jerry N. Jones

10 State of Louisiana La. R.S. 30:1, et seq.: Establishes authority of the Louisiana Office of Conservation in the area of oil and gas operations. La. R.S. 30:1, et seq.: Establishes authority of the Louisiana Office of Conservation in the area of oil and gas operations. La. R.S. 30: 28(F): "The issuance of the permit by the commissioner of conservation shall be sufficient authorization to the holder of the permit to enter upon the property covered by the permit and to drill in search of minerals thereon. No other agency or political subdivision of the state shall have the authority, and they are expressly forbidden, to prohibit or in any way interfere with the drilling of a well or test well in search of minerals by the holder of such a permit." Jerry N. Jones

11 State of Louisiana (contd) LAC 43:XIX (commonly referred to "Rule 29-B"): definitive Louisiana Office of Conservation regulation regarding drilling, completion, work over, and safety in oil and gas operations in the state. Statewide Order U-HS: definitive Louisiana Office of Conservation regulation regarding natural gas operations in urban areas within the Haynesville Shale. Jerry N. Jones

12 Bossier Parish Ordinance 4041 of 2005: Drainage impact reports Ordinance 4240 (A) of 2008: Ground water protection Ordinance 4241 (A) of 2008: Flood damage prevention Ordinance 4287 of 2009: Road and bridge use regulations Ordinance 4311 of 2009: Road and bridge use regulations Ordinance 4329 of 2010: Road and bridge use regulations Ordinance 4372 of 2011: Noise regulations Jerry N. Jones

13 Caddo Parish Ordinance 4916 of 2009: Oil and gas well regulations Ordinance 4967 of 2010: Road and bridge use regulations Ordinance 5072 of 2011: Noise regulations Jerry N. Jones

14 DeSoto Parish Ordinance 7 of 1986: Road and bridge use regulations Ordinance 8 of 1986: Road and bridge use regulations Ordinance 15 of 2009: Road and bridge use regulations Jerry N. Jones

15 City of Bossier City Ordinance 40 of 2009: Oil and gas well regulations Jerry N. Jones

16 City of Shreveport Ordinance 66 of 2009: Oil and gas well regulations Ordinance 41 of 2011: Noise regulations Pipeline servitude (right-of-way) policy Jerry N. Jones

17 Issues Preemption by Louisiana Office of Conservation Preemption by Federal Natural Gas Act and Pipeline Safety Act Jerry N. Jones

18 State preemption of local regulation of oil and gas operations: La. Const. art VI, Section 7 Energy Mgmt. Corp. v. City of Shreveport, No. 05-30551, 397 F. 3d 297 (5 th Cir. 1/13/05), on appeal after remand, 467 F. 3d 471 (5 th Cir. 10/6/2006) Jerry N. Jones

19 Federal preemption of local regulation of pipelines Natural Gas Act: 15 U.S.C. Section 717 et seq. Schneidewind v. ANR Pipeline Co. 485 U.S. 293 (1988) National Fuel Gas Supply Corp. v. Public Service Commission of New York 894 F. 2d 571 (2 nd Cir. 1990) Northern Natural Gas Co. v. Iowa Utilities Board 377 F. 3d. 817 (8 th Cir. 2004) Pipeline Safety Act: 49 U.S.C Section 20101 et seq. Olympic Pipe Line Co. v. City of Seattle 437 F. 3d 872 (9 th Cir. 2006) Texas Midstream Gas Serv. V. City of Grand Prairie 608 F. 3d 200 (5 th Cir. 2010) Jerry N. Jones

20 Lessons learned: Get involved as local regulation is being drafted and adopted. Be prepared to educate local government and their lawyers about the industry and applicable state and federal law. Be cooperative, not antagonistic. Jerry N. Jones


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