April 10, 2023
Shale Law Weekly Review—Week of April 10, 2023
GHG Emissions: EPA Rubber-stamps New California Regulations for Heavy-duty on Road Vehicles and Engines ⚡
On March 30, 2023, the Environmental Protection Agency (EPA) granted two waiver requests sought by the California Air Resource Board (CARB) pertaining to the regulation of heavy-duty on road vehicles and engines. Specifically, CARB sought a waiver of the federal preemption of motor vehicle emissions regulation under Section 209(b) Clean Air Act. In its decision, the EPA first granted CARB’s 2018 HD Warranty Amendments, which extends the emissions warranty period for heavy-duty diesel vehicles and engines over 14,000 pounds manufactured in 2022 or later. Second, the EPA approved three other emissions regulations proposed by CARB under section 209(b), all of which pertain to the gradual progress towards zero-emissions from motor vehicles of all weight classes in California.
Water Quality: 4th Circuit Vacates Mountain Valley Pipeline Clean Water Act Certification
On April 3, 2023, the Fourth Circuit Court of appeals granted a petition filed by Sierra Club and other environmental groups requesting the court review and vacate a Clean Water Act (CWA) certification obtained from the West Virginia Department of Environmental Protection (Department) by Mountain Valley Pipeline (MVP). The certification applies to the West Virginia portion of the 304-mile natural gas pipeline that MVP has been constructing since 2018. MVP is seeking a CWA Section 401 certification from West Virginia, which requires the state to certify a “reasonable assurance” that discharge resulting from pipeline activities into state waters will comply with the state’s water quality standards. Among other concerns, the court held that the Department acted arbitrarily and capriciously in failing to oversee an on-site review of the pipeline’s potential for degradation of water quality before granting the certification. For these reasons, the 401 certification was vacated.
Environmental Impact Studies: 4th Circuit Upholds Mountain Valley Pipeline Water Permit
On March 29, 2023, the Fourth Circuit Court of Appeals denied a petition filed by the Sierra Club and other environmental groups requesting the court to review the decision of the Virginia State Water Control Board (Board) to approve Mountain Valley Pipeline’s (MVP’s) application for a water permit. The water permit sought by MVP will apply to 107 miles of its 304-mile natural gas pipeline being built across West Virginia and Virginia. As explained by the court, the water permit was approved by the Board after an “extensive review of MVP’s application,” which was previously considered and approved by Virginia’s Department of Environmental Quality (DEQ). Petitioners argue that, in granting the water permit application, the Virginia agencies failed to consider more environmentally conscious crossing locations and failed to confirm whether the chosen water crossing methods were the “the least environmentally damaging practicable alternatives,” as required by the Clean Water Act. In ruling to uphold the water permit, the Court explains that the Board complied fully with the requirements of Virginia law to state clearly and concisely the legal bases for granting a permit. Therefore, the agency did not act “arbitrarily and capriciously” in recommending the Board to approve MVP’s water permit application.
Oil & Gas Law & Policy Resources:
Bibikos, At the Well Weekly (v.3.31.2023) (March 31, 2023)
Bloomberg, Iraq, Kurds Agree to Resume Oil Exports Via Turkey This Week (April 2, 2023)
Bloomberg, Ovintiv Nearing Deal to Acquire EnCap’s Midland Assets (April 3, 2023)
Sartain, More Force Majeure Fallout From Uri (April 6, 2023)
Energy Connects, DNV and Egyptian General Petroleum Corporation sign MoU to support sustainability program (April 6, 2023)
Bloomberg, Russia Says It Cut Oil Output by 700,000 Barrels a Day in March (April 7, 2023)
Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks April 1 – April 7, 2023:
It’s Not Just Willow: Oil and Gas Projects Are Back in a Big Way (The New York Times)
Biden administration unveils $450 million to develop renewables on mine sites (The Hill)
EPA proposes tighter pollution limits for coal plants (The Hill)
USA More Than Doubles EU LNG Delivery Target (Rigzone)
Court throws out gas pipeline’s West Virginia water permit (Pittsburgh Post-Gazette)
Connect with us on Facebook.
Penn State Farmland Energy Legal Podcast: Listen to the latest episode here.
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. DEPARTMENT OF ENERGY
Biden-Harris Administration Announces $450 Million To Deploy Clean Energy Projects on Mine Lands (April 4, 2023)
Joint Statement by the U.S. and EU following the 10th U.S.-EU Energy Council (April 4, 2023)
Biden-Harris Administration Invests $16 Million to Build America’s First-of-a-Kind Critical Minerals Production Facility (April 4, 2023)
Biden-Harris Administration Announces $8.8 Million to Support Local Governments with their Clean Energy Goals (April 5, 2023)
DOE Welcomes New Biden-Harris Administration Appointees and Announces Promotions (April 5, 2023)
Biden-Harris Administration Announces $72 Million to Expand Pathways to Clean Energy Jobs (April 7, 2023)
U.S. ENVIRONMENTAL PROTECTION AGENCY
Under Settlement with EPA, East Peoria Businesses Must Halt Sales of Devices that Alter Vehicle Emissions (April 3, 2023)
Biden-Harris Administration Announces $6.5 Billion for Drinking Water Infrastructure Upgrades Across the Country (April 4, 2023)
EPA Orders Valero Refining to Improve Chemical Safety at Benicia, CA Refinery (April 5, 2023)
Biden-Harris Administration Announces $265.9M for Drinking Water Infrastructure Upgrades in Pennsylvania (April 5, 2023)
EPA Orders Valero Refining to Improve Chemical Safety at Benicia, CA Refinery (April 6, 2023)
EPA and DOE Honor 2023 ENERGY STAR® Partners of the Year Award Winners in Pennsylvania (April 7, 2023)
FEDERAL EXECUTIVE AGENCIES (Federal Register April 1–April 10, 2023):
Environmental Protection Agency
88 FR 20092: Proposed Rule, Comments 5/5/23: “National Primary Drinking Water Regulations: Consumer Confidence Report Rule Revisions” (April 5, 2023)
Federal Energy Regulatory Commission
88 FR 21188: Notice: “Combined Notice of Filings” (April 10, 2023)
Bureau of Land Management
88 FR 20904: Notice, Comments Close 5/8/23: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Oil and Gas Facility Site Security” (April 7, 2023)
88 FR 20903: Notice, Comments Close 5/8/23: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Measurement of Gas” (April 7, 2023)
88 FR 20829: Proposed Rule, Comments Close 6/6/23: “Endangered and Threatened Wildlife and Plants; Listing the Atlantic Humpback Dolphin as an Endangered Species Under the Endangered Species Act” (April 7, 2023)
88 FR 20449: Proposed Rule, Comments Close 6/5/23: “Notice of Proposed Supplementary Rule for Canyons of the Ancients National Monument in Dolores and Montezuma Counties, CO” (April 6, 2023)
Other Agencies
88 FR 20555: Notice, Comments Close 5/8/23: “Petition for Modification of Application of Existing Mandatory Safety Standards” (April 6, 2023)
88 FR 20559: Notice, Comments Close 5/8/23: “Petition for Modification of Application of Existing Mandatory Safety Standards” (April 6, 2023)
88 FR 19824: Rule: “National Marine Sanctuary Regulations; Corrections and Correcting Amendments” (April 4, 2023)
88 FR 19549: Rule: “Endangered and Threatened Wildlife and Plants; Significant Portion of Its Range Analysis for the Northern Distinct Population Segment of the Southern Subspecies of Scarlet Macaw” (April 3, 2023)
U.S. HOUSE ENERGY AND COMMERCE COMMITTEE
H.R.2487 “To direct the Administrator of the Environmental Protection Agency to consider nuclear power to be a green source of energy, and for other purposes.” Referred to the House Committee on Energy and Commerce. (April 6, 2023)
H.J.Res.53 “Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Control of Air Pollution From New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards”.” Referred to the House Committee on Energy and Commerce. (April 6, 2023)
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 14 April 8, 2023)
DEPARTMENT OF ENVIRONMENTAL PROTECTION
53 Pa.B. 1950: Notices: “APPLICATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS AND WATER QUALITY MANAGEMENT (WQM) PERMITS UNDER THE CLEAN STREAMS LAW AND FEDERAL CLEAN WATER ACT”
PENNSYLVANIA LEGISLATURE
HB 170 “An Act amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes, in development, further providing for well location restrictions.” Referred to ENVIRONMENTAL RESOURCES AND ENERGY, [House] (April 3, 2023)
HB 801 “An Act establishing the Pipeline Early Detection and Warning Board in the Department of Community and Economic Development; establishing the Pipeline Early Detection and Warning System Fund; providing for grants to municipalities; imposing a fee; making an appropriation; and making repeals.” Referred to ENVIRONMENTAL RESOURCES AND ENERGY, [House] (April 3, 2023)
Written by:
Kole Zellers, Research Assistant
Kendal Ashman, Research Assistant
Jackie Schweichler, Staff Attorney
