Kevin McDonald

Update as of 12/05/24: Due to an ongoing court case, companies are not currently required to meet the January 1 deadline. See the FinCEN website for further information. --- The Eastern District of Texas recently issued a preliminary injunction against the enforcement of the #CorporateTransparencyAct (CTA)—a federal mandate requiring #smallbusinesses to report detailed ownership information to a federal database. This case, led by small businesses and #associations, marks a critical stand for constitutional #principles, including: ⚖️ State #Sovereignty: The court questioned whether federal oversight in this case undermines the rights traditionally reserved to states, as outlined in the Tenth Amendment. 📜 Privacy & #Freedom: The decision highlighted potential violations of the First and Fourth Amendments, safeguarding the privacy and free association of small business owners. 💼 Economic Fairness: #Compliance costs associated with the CTA were deemed significant, particularly for small businesses already navigating a complex regulatory #environment. This is a powerful reminder that the #Constitution is not just a historical document—it is a living safeguard of our liberties, designed to protect individuals and businesses from overreach. As someone deeply invested in the balance between innovation, governance, and personal freedoms, I believe this is a step in the right direction. It reflects the importance of aligning policy with constitutional principles to ensure fairness and accountability. #Constitution #SmallBusiness #Federalism #PrivacyRights #LegalUpdate #CTA #Business #Partnerships #Connections #Energy #Fuel #JusticeWithoutLimits

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A good discussion about oil industry liabilities.

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In Energy Transfer, LP et al v. Culberson Midstream LLC et al, Judge Whitehill ruled that cases filed before September 1, 2024, are not removable to the new Texas Business Court, a key development under HB 19. For a breakdown of this ruling and its implications for future cases, check out my colleague Charlie Sartain's post on Energy & the Law here: https://lnkd.in/g7D7FYqA

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In Energy Transfer, LP et al v. Culberson Midstream LLC et al, Judge Whitehill ruled that cases filed before September 1, 2024, are not removable to the new Texas Business Court, a key development under HB 19. For a breakdown of this ruling and its implications for future cases, check out my colleague Charlie Sartain's post on Energy & the Law here: https://lnkd.in/gaFD7KpQ

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In Energy Transfer, LP et al v. Culberson Midstream LLC et al, Judge Whitehill ruled that cases filed before September 1, 2024, are not removable to the new Texas Business Court, a key development under HB 19. For a breakdown of this ruling and its implications for future cases, check out my colleague Charlie Sartain's post on Energy & the Law here: https://lnkd.in/gmhgU4bg

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In Energy Transfer, LP et al v. Culberson Midstream LLC et al, Judge Whitehill ruled that cases filed before September 1, 2024, are not removable to the new Texas Business Court, a key development under HB 19. For a breakdown of this ruling and its implications for future cases, check out my colleague Charlie Sartain's post on Energy & the Law here: https://lnkd.in/gMvDaDjR

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Removability of Pre-September 2024 Cases to Business Courts - https://lnkd.in/g4mFjkjQ The first substantive decision of the Texas business courts came out on October 30, 2024. In Energy Transfer et al v. Culberson Midstream LLC et al, 24-BC01B-0005, Judge Bill Whitehill (Div. 1 - Dallas) held that a case commenced prior to September 1, 2024, cannot be removed to the business court. The written opinion is not just a characteristic but a requirement for the business courts in some circumstances. New Tex. R. Civ. P. 360 requires that business courts issue written opinions "(1) in connection with a dispositive ruling, on the request of a party; and (2) on an issue important to the jurisprudence of the state, regardless of request." The order was reported on Westlaw five days later as 2024 WL 4648110. https://lnkd.in/gBJei4bp #TexasBusinessCourtsBlog

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There is different statues of limitations on debt by state a resident live in and type of debt it is. Credit cards, medical bills, and loans are 3 years of last payment or activity on that account in Louisiana. The statute of limitations is the time a collection company or loan original credit association can submit or sue or get a judgment on that debt. No the legal rights of a borrower and lender and keep financial records of payments as it is a way to prove the statute start date. Also 7 years a closed charge off account will automatically fall or be removed automatically from a credit report unless it is bankruptcy and that is 10 years from date it is finalized by bankruptcy court. Another thing that retirees and disabled individuals need to know is no garnishment can be issued on their retirement income or from the checking account. The odds of a creditors put a judgment or lean on a individuals home is not likely as the court cost and other cost is not worth the time of the collection or organizations that the loan originating from will proceed to that extreme measures do to they can not legally do anything to a individuals income. Stay informed and be aware of legal rights as the collection companies and etc will use every fear tactic they can! https://lnkd.in/gxKZ8BMe

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A must-watch with Texas (143rd) District Attorney Sarah Stogner, Oil and Gas Liability research expert for Oilfield Witness, Justin Mikulka, and Mark Dorin of the Polluter Pay Federation on "How to Address North America's Oil and Gas Liabilities." Some select quotes: "Oxy spending billions of dollars a few miles away from me with these direct air capture big old fans in the middle of the desert, and they're going to suck the CO2 out and inject it into the San Andrew's formation, which is the same formation that is feeding this water right here in the picture. I mean, it is the absolute, or as Hawk likes to say, wiping your butt with a hula hoop." "Recently, under California's new regulatory structure agreed to [a merger] with another large oil company with a lot of Exxon's old assets. These two companies merged and all the activists said, "This is going to be great. The new law says they owe us a billion dollars to cover these assets." But as I like to say, the oil and gas industry lawyers and lobbyists are some of the best and normally write the laws." They said, "Oh no, this is a merger in California. If you do a merger, you don't have to pony-up that billion dollars. Here we have Colorado, they're doing worse than when they started the process. California just handed a gift to a company. And the additional part of this Ponzi scheme, and I agree with Sarah, this is what the US shale industry has been on several levels. Now, what CRC [new company] is saying is, "Yeah, we can't make a lot of money with these oil wells, which are old and don't produce much. We're a carbon capture company." In the 1990s up to about the year 2000, the regulator and government of the day in Alberta started to notice that there was some risk and some smaller companies went bankrupt and there was some risk of bankruptcies. And the regulator also was concerned with the number of transfers of wells from the big companies that originally drilled these wells to mom-and-pop operations, et cetera. So they wanted to start imposing security deposits against these closure costs, and they wanted to start regulating and monitoring these transfers. And industry said, "No, don't do that to us. Let us transfer our licences to whomever we want and don't make us put up security deposits to cover end-of-life obligations. In return, we will ensure against bankruptcy of our members." They said, "We will pay for the closure of any well, that's orphaned, or that if the company can't or will not close that well or then clean up the well site industry as a whole will pay." We got something, that's unique, I think it's the envy of the world. It's called the Orphan Fund." Full episode: https://lnkd.in/gEGWEk4G #polluterpay for #industry and #individuals #ridellrose #corporate #governance #fiduciary #responsibility #liability #westtexas #alberta #pennsylvania #oklahoma #california #colorado #BritishColumbia #NewMexico #litigation #landowners #indigenous #citizens

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Spring-based Exxon Mobil Corp. (NYSE: XOM) has inked the largest offshore lease for carbon dioxide storage in the U.S. nearly a year after acquiring Denbury Inc.’s vast carbon capture infrastructure. The oil and gas supermajor has leased 271,000 acres in Texas state waters near Jefferson, Chambers and Galveston counties from the Texas General Land Office. The lease will generate millions of dollars in revenue, which will go toward the Texas Permanent School Fund. The news comes just after Exxon announced it had announced its fifth third-party carbon capture and storage project, this time with New Generation Gas Gathering (NG3) to capture 1.2 million tonnes per annum of carbon dioxide in Louisiana. With that deal, the total carbon dioxide Exxon has agreed to store for customers has reached 6.7 million tpa. Exxon has CCS projects planned from Baytown to Yazoo City, Mississippi, which are connected by the carbon dioxide pipelines Exxon obtained when it acquired Denbury for $4.9 billion last year. Because Exxon now has existing carbon dioxide pipelines, the new storage space can store carbon dioxide from any of these projects, not just from nearby emissions, Dan Ammann, president of ExxonMobil Low Carbon Solutions, told the Houston Business Journal. https://lnkd.in/gD6zvB-x

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In Energy Transfer, LP et al v. Culberson Midstream LLC et al, Judge Whitehill ruled that cases filed before September 1, 2024, are not removable to the new Texas Business Court, a key development under HB 19. For a breakdown of this ruling and its implications for future cases, check out my colleague Charlie Sartain's post on Energy & the Law here: https://lnkd.in/gRHhYKi5

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In Energy Transfer, LP et al v. Culberson Midstream LLC et al, Judge Whitehill ruled that cases filed before September 1, 2024, are not removable to the new Texas Business Court, a key development under HB 19. For a breakdown of this ruling and its implications for future cases, check out my colleague Charlie Sartain's post on Energy & the Law here: https://lnkd.in/gNpuX_K5

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GENTNER DRUMMOND ATTORNEY GENERAL OF OKLAHOMA  FOR IMMEDIATE RELEASE May 15, 2024   Attorney General Drummond, OG&E partner to warn customers about solar scams OKLAHOMA CITY (May 15, 2024) -- Attorney General Gentner Drummond and OG&E are partnering to warn Oklahomans about scams involving solar energy equipment and services. Drummond encouraged Oklahomans to remain vigilant in protecting themselves against phone scams. “Fraudsters are always finding new ways to separate unsuspecting individuals from their money, and this latest phone scam is no exception,” he said. “Oklahomans should be cautious with high-pressure tactics in phone or door-to-door solicitations, even when they purport to be connected to a reputable company. Always verify.” OG&E customers have alerted the electric company to a recent increase in automated phone calls. One call promises thousands of dollars in rebates for OG&E customers in the wake of “new energy policy” and “mandates.” The caller then asks customers to sign-up for a solar energy program saying it will “support our new mandate.” The other call features someone claiming to be with OG&E and threatening to cut off the customers’ service if they don’t pay their bill immediately over the phone. Customers also have reported to OG&E an increase in door-to-door salespeople trying to sell solar equipment and falsely claiming to be partnering or working with OG&E. “We never call our customers and ask them to pay their bills, nor do we go door-to-door to enroll them in special programs or services. Despite any claims, OG&E does not have any solar panel installation partners, nor do we recommend or partner with any company selling solar generation equipment,” said Aaron Cooper, manager of corporate communications. “We understand the frustrations and impact of scams, and we want our customers to be aware and protect themselves from falling victim to the latest scam. We appreciate the Attorney General and his team for their work to protect Oklahomans from these types of scams.” The Consumer Protection Unit of the Attorney General’s office offers tips to avoid falling victim to this scam: No reputable company will pressure you to sign up immediately; No reputable company will demand payment upfront or in a certain format (e.g. wire, Venmo/CashApp/Zelle, gift cards, cryptocurrency); Ignore numbers you don’t recognize; If you believe the offer might be real, go to the OG&E website and call the customer assistance line to verify; If you miss a call from an unknown number, do not call back; and Remind elderly friends and neighbors who may be vulnerable to these types of scams about ways to avoid becoming a victim. Anyone who believes they may be victimized by a phone scam should contact the Office of the Oklahoma Attorney General at consumerprotection@oag.ok.gov or (833) 681-1895. Editor’s Note: Audio recordings of the scam calls are available by contacting OG&E at ogenews@oge.com or (405) 553-3616. #oklahoma #psa #electric

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Martindale's Regulatory Supervisor, Derek Weekly, will be speaking at The Foundation for Natural Resources and Energy Law's 2024 Special Institute on Federal and Indian Oil & Gas Royalty Valuation Management. Derek will be providing practical tips from the perspective of an auditor, addressing the important reasons to request critical information during the acquisition of new assets and issues affecting smaller operators. Learn more and register at https://lnkd.in/greGufZj #oilandgas #energy #auditing #consulting #ONRR #BIA

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An important decision for mineral and royalty owners.

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