September 12, 2023

Shale Law Weekly Review—Week of September 11, 2023

LNG Infrastructure: The Department of Transportation Suspends LNG Rail Transportation ⚡
On September 1, 2023, the U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) published a rule in the Federal Register suspending a previously published final rule that allowed for the transportation of liquified natural gas (LNG) by rail cars. The PHSMA’s stated purpose is to conduct a review of the Hazardous Materials Regulation’s (HMR) procedures for managing LNG rail transportation to ensure safety and avoid potential risk. This suspension is temporary and will remain in effect until modifications are made to the current procedures, or until June 30, 2025. The rule is intended to take effect on October 31, 2023, following the publication of a final rule in the Federal Register.

State Regulation: Ohio Appeals Court Upholds Injunction Against Proposed Injection Well in Monroe County
On August 22, 2023, Ohio’s Seventh District Court of Appeals dismissed an appeal filed by K.A. Brown & Gas, LLC (Brown), the defendant in a lawsuit brought against the company by several residents of Monroe County that are opposed to the construction of an injection well within 1,000 feet of their residences. Bone v. K.A. Brown Oil & Gas LLC, 2023-Ohio-2944 (Ct. App.). In their initial complaint, the Monroe County residents also listed the Director of the Ohio Department of Natural Resources as a defendant, arguing that the department “failed its statutory duty” in violation of OAC 1501:9-3-06 when it granted Brown a permit to construct an injection well before public notice was properly issued. Plaintiffs argued that the West Virginia based newspaper in which Brown published notice of its permit application did not satisfy the requirement that notice of proposed wells be published in a newspaper operating within the county where the well will operate. The trial court agreed with the plaintiffs and granted a preliminary injunction against Brown, finding that the plaintiffs would suffer “irreparable harm” if construction of the well were to continue before the public was properly notified and given an opportunity to comment on the proposal. Here, the appeals court dismissed Brown’s appeal of the injunction as “premature” and remanded the case to the trial court to resolve some outstanding issues with Plaintiffs’ original complaint. Specifically, the trial court is ordered to address whether Plaintiffs’ complaint was a properly filed “complaint in Mandamus” and whether Plaintiffs had standing to bring their complaint.

 

CENTER PROGRAMS & RESOURCES

Understanding Agricultural Law – A free monthly Zoom webinar series for all agricultural and rural business advisors. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. Recordings and materials from the series, more information, and registration available here.

Center Staff Attorney Brook Duer will present a webinar entitled, “Legal Considerations for Retail Farmers Market” with the Small Business Development Center (SBDC) at Gannon University.

Penn State Extension will hold the Starting and Improving Farms Conference at the Toftrees Golf Resort in State College, Pennsylvania. Staff Attorney Jackie Schweichler will provide a provide a presentation on Agritourism Law on September 20th as part of the Agritourism Workshop starting at 1:15pm.

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks 

Design of world’s largest LNG carrier wins blessing from classification majors (Offshore Energy)

AltaGas to Acquire Pipestone Midstream Assets for $482MM (Rigzone)

USA Official Says Russian Oil Price Cap Is Working Despite Rally (Bloomberg via Rigzone)

New owner restarts West Virginia coal-fired power plant and intends to convert it to hydrogen use (AP)

EU proposes permanent scheme for joint gas purchases (Reuters)

Connect with us on Facebook.

Penn State Farmland Energy Legal Podcast: Listen to the latest episode here.

Oil & Gas Law & Policy Resources:

Bloomberg, Oil Industry Elite Hits Singapore to Debate Crude’s Next Twist (September 3, 2023)

Sartain, Who Owns Produced Water in Texas? (September 4, 2023)

Akin Gump, Akin Advises Viper Energy in $1B Acquisition of Permian Basin Mineral and Royalty Interests (September 5, 2023)

Bloomberg, Oil Billionaire Ian Lundin Risks Jail Sentence as Historic Trial on Sudan War Crimes Begins (September 5, 2023)

Bibikos, At the Well Weekly (v.9.1.2023), Summer 2023 Roundup (September 7, 2023)

Sartain, Texas Landowner Enjoined from Interfering with Lessee’s Operations (September 7, 2023)

Bloomberg, Oil’s Rally Takes Breather as Traders Turn Gaze to Stockpiles (September 7, 2023)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. DEPARTMENT OF ENERGY PRESS RELEASES

Good Jobs with Good Pay and Benefits are Key to Building the Clean Energy Future (September 4, 2023)

Biden-Harris Administration Announces $125 Million in Grid Resilience Grants for States and Tribal Nations to Modernize Electric Grid (September 5, 2023)

Biden-Harris Administration Invests More Than $13 Million to Enhance Continued Deployment of Hydropower (September 6, 2023)

Biden-Harris Administration Announces $150 Million to Strengthen Domestic Critical Material Supply Chains (September 6, 2023)

U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES

EPA Modernizes FOIA Regulations to Promote Transparency and Accountability, Make FOIA More Affordable, and Expedite Release of Information for Communities with Environmental Justice Concerns (September 7, 2023)

EPA reaches settlement with Suncor over Clean Air Act fuels violations at Commerce City, Colorado, refineries (September 6, 2023)

EPA Selects Three Alaska Native Corporations for $2.5 Million to Assess and Clean Up Legacy Contamination on ANCSA Conveyed Lands (September 1, 2023)

FEDERAL EXECUTIVE AGENCIES (Federal Register Sept. 2– Sept. 8, 2023)

Environmental Protection Agency

88 FR 62078: Notice: “Environmental Impact Statements; Notice of Availability” (September 8, 2023)

Federal Energy Regulatory Commission

88 FR 62073: Notice: “Combined Notice of Filings” (September 8, 2023)

88 FR 61587: Notice: “Combined Notice of Filings” (September 7, 2023)

88 FR 60938: Notice: “Combined Notice of Filings” (September 6, 2023)

88 FR 60675: Notice: “Combined Notice of Filings” (September 5, 2023)

Energy Department

88 FR 60746: Proposed Rule, Comments Close 11/6/2023: “Energy Conservation Program: Energy Conservation Standards for Walk-In Coolers and Freezers” (September 5, 2023)

Land Management Bureau

88 FR 62104: Notice: “Notice of Availability of the Draft Coastal Plain Oil and Gas Leasing Program Supplemental Environmental Impact Statement” (September 8, 2023)

88 FR 62025: Proposed Rule, Comments Close 11/7/2023: “Management and Protection of the National Petroleum Reserve in Alaska” (September 8, 2023)

Pipeline and Hazardous Materials Safety Administration

88 FR 61746: Proposed Rule, Comments Close 11/6/2023: “Pipeline Safety: Safety of Gas Distribution Pipelines and Other Pipeline Safety Initiatives” (September 7, 2023)

Other Agencies

88 FR 60932: Notice, Effective date 9/15/2023: “Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico” (September 6, 2023)

88 FR 60879: Presidential Document: “National Wilderness Month, 2023” (September 6, 2023)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE 

PENNSYLVANIA DEPT. OF ENVIRONMENTAL PROTECTION PRESS RELEASES

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 36—September 9, 2023)

Department of Environmental Protection

53 Pa.B. 5666: Notice: “Driving PA Forward Level 2 Electric Vehicle Charging Rebate Program”

53 Pa.B. 5619: Notice: “Applications, Actions and Special Notices”

Pennsylvania Public Utility Commission

53 Pa.B. 5695: Notice: “Natural Gas Service”

Pennsylvania Legislature

HB 1656: “An Act amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes, in development, further providing for well permits.” Referred to ENVIRONMENTAL RESOURCES AND ENERGY [House] (September 5, 2023)

 

Written by:
Kendal Ashman, Research Assistant
Kole Zellers, Research Assistant
Dillon Lightfoot, Research Assistant
Sergio Porras, Research Assistant