About the Authors:
the expert opined that property under which a pipeline crosses has a lower value because people perceive it as damaged. The panel held that the expert’s methodology was incapable of testing, had not been peer reviewed, was not generally accepted, and did not provide for a rate of error. While an expert’s opinion does not have to meet all, or even most, of those factors, the fact that this expert’s opinion met none left his opinion unreliable. The panel noted that parts of the expert’s opinion com- pared the value of properties impacted by oil spills or the radiation emitted from the Three-Mile Island nuclear disaster. Those properties were figurative oranges to the apples and thus incapable of assisting the trier of fact in concluding the impact to the value of property under which a natural gas pipeline crosses. Finally, the Third Circuit held that the district court must act as “gatekeeper” and ensure that expert opinions are based on reliable science.
Brian J. Pulito, MEMBER Brian Pulito focuses his practice in the areas of eminent domain proceedings, construction litigation, midstream litigation, oil, gas and mineral law litigation, and insurance litigation.
Phone: (814) 333-4905 Email: brian.pulito@steptoe-johnson.com
Jon C. Beckman MEMBER Jon Beckman focuses his practice in the area of energy and natural resources law, specifically assisting clients with energy and environmental litigation.
Phone: (814) 333-4913 Email: jon.beckman@steptoe-johnson.com
For questions about how this decision may affect your business, contact one of the authors below.
Legislative
Update
Colorado
COLORADO SB19-181 Protect Public Welfare Oil And Gas Operations Concerning additional public welfare protections regarding the conduct of oil and gas operations, and, in connection therewith, making an appropriation.
SESSION: 2019 Regular Session SUBJECT: Natural Resources & Environment
welfare, and the environment in the regulation of the oil and gas industry by modifying the oil and gas statutes and by clarifying, reinforcing, or establishing various aspects of local governments’ regulatory authority over the surface impacts of oil and gas development. Current law specifies that local governments have so- called “House Bill 1041” powers, which are a type of land use authority over oil and gas mineral extraction areas, only if the Colorado oil and gas conservation commission (commission) has identified a specific area for designation.
BILL SUMMARY Oil and gas operations - air quality regulation - local government authority - oil and gas conservation commission - composition - authority - financial assurance requirements - pooling - appropriation. The act prioritizes the protection of public safety, health,
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