April 21, 2025

Shale Law Weekly Review—Week of April 21, 2025

National Energy Policy: Bureau of Land Management Rescinds Environmental Impact Statement Requirement ⚡
On April 11, 2025, the Bureau of Land Management (BLM) rescinded its notice which had required seven states to prepare an environmental impact statement (EIS) for various oil and gas operations. The seven states affected are Colorado, Montana, New Mexico, North Dakota, South Dakota, Utah and Wyoming. The notice comes after both the White House and the Department of the Interior issued orders removing prior regulations related to energy development. By revoking the EIS requirement (set forth under the National Environmental Policy Act), the BLM claims that the lease approval process will take less time. For more information on the Secretary’s Orders, see SLWR – Feb. 17, 2025, “National Energy Policy: Department of Interior Releases Six Actions, Targeting Energy Regulation.

National Energy Policy: New Executive Order Requires Energy Regulations to Include Sunset Provisions
On April 9, 2025, President Donald Trump issued Executive Order 14270 titled, “Zero-Based Regulatory Budgeting To Unleash American Energy,” which was published in the Federal Register on April 15, 2025. This Executive Order requires agencies promulgating “regulations governing energy production” to include sunset provisions in these regulations moving forward. The Executive Order notes that this practice will require agencies to reexamine regulations regularly to determine if they are still necessary. Individual agencies must develop a sunset rule by September 30, 2025, imposing Conditional Sunset Dates of 1 year after the effective date of regulations. The Executive Order lists which agencies and statutes are covered by these sunset requirements.

Pipelines: Sixth Circuit Rejects Clean Water Act Challenges to TN Natural Gas Pipeline
On April 4, 2025, the U.S. District Court of Appeals for the Sixth Circuit rejected challenges to the proposed Cumberland Pipeline spanning several counties in Tennessee. (Appalachian Voices et al. v. U.S. Army Corps of Eng’rs et al., No. 24-3831; Sierra Club et al. v. Tenn. Dep’t. of Env’t and Conservation, No. 23-3682). Proposed by a Kinder Morgan subsidiary, the Cumberland Pipeline will carry natural gas 32 miles across over a hundred water crossings to serve a Tennessee Valley Authority power plant in Cumberland City, TN. In August 2023, environmental groups, Appalachian Voices and Sierra Club, filed challenges to permits issued for construction of the pipeline claiming violations of the Administrative Procedure Act (APA), and sections 401 and 404 of the Clean Water Act (CWA). The two groups argued that before issuing the CWA required permits for the project, the U.S. Army Corps of Engineers (USACE) and the Tennessee Department of Environment and Conservation (TDEC) did not properly evaluate the environmental damage that would be caused by the pipeline and its construction or available alternatives that could mitigate the damage. Both TDEC and USACE defended their review of the project arguing that appropriate alternatives were considered and the permits issued were subject to various safeguards to ensure CWA compliance and minimize environmental disruptions. In separate opinions, the panel of judges for the Sixth Circuit found that there were no APA violations, as neither agency acted arbitrarily or capriciously in reviewing the project’s impacts. [USACE opinion, TDEC opinion] The court found that both agencies provided “reasoned explanations” for their actions, and assurances that the permit’s conditions will keep the project in compliance with CWA standards. For a look at FERC’s approval of the project, see SLWR Feb. 12, 2024 – “Pipelines: FERC Authorizes Two New Pipeline Projects, the Texas-to-Louisiana Energy Pathway and the Cumberland Project, and Grants One-Year Extension to Northeast Supply Enhancement Project.”

 

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CENTER PROGRAMS & RESOURCES

Understanding Agricultural Law Series. A free monthly Zoom webinar series for agricultural and rural business advisors. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. All events on Fridays, noon–1 pm (ET). Upcoming:

PA Laws For Agriculture: Your Municipality and ACRE 101 The Pennsylvania State Association of Township Supervisors (PSATS) will host its 2025 Annual Educational Conference and Exhibit Show in-person at the Hershey Lodge in Hershey, Pennsylvania.

Impact of the Chevron Doctrine. The Central Atlantic States Association of Food and Drug Officials (CASAFDO) will host its Annual Educational and Training Seminar in-person at the Crown Plaza Philadelphia in King of Prussia, Pennsylvania.

Follow us on Twitter @AgShaleLaw to see the latest with our #ShaleLaw HotLinks 

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

Oil & Gas Law & Policy Resources:

Bloomberg, Oil Steadies as Progress on Iran Talks Undercuts Tariff Reprieve (April 14, 2025)

Sartain,  What’s the Difference Between a Mineral Reservation and an Exception? (April 17, 2025)

Mallen, Hug, Reiter, Das, President Trump Directs Energy Agencies to Establish Sunset Dates for Energy-Related Regulations (April 15, 2025)

Sartain, Texas Court Shields Severed Mineral Interests from Tax Foreclosure Judgment (April 15, 2025)

Bloomberg, Goldman Sachs Warns Oil Faces ‘Large Surpluses’ Through 2026 (April 14, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. DEPARTMENT OF ENERGY PRESS RELEASES

April H2IQ Hour Webinar: Geologic Hydrogen (April 16, 2025)

DOE Statement on EIA Annual Energy Outlook (April 15, 2025)

U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES

FEDERAL EXECUTIVE AGENCIES (Federal Register April 4 – 11, 2025)

Environmental Protection Agency

90 FR 15930 Rule: “Air Plan Approval; Washington; Spokane Regional Clean Air Agency, General Air Quality Regulations” (April 16, 2025)

Federal Energy Regulatory Commission

90 FR 16124 Notice: “Gulf South Pipeline Company, LLC; Notice of Schedule for the Preparation of an Environmental Assessment for the Parks Line Upgrade and Sorrento Station Project” (April 17, 2025)

90 FR 16120 Notice: “ANR Pipeline Company; Notice of Schedule for the Preparation of an Environmental Assessment for the Heartland Project” (April 17, 2025)

90 FR 16118 Notice: “UGI LNG, Inc.; Notice of Petition for Declaratory Order” (April 17, 2025)

Land Management Bureau

90 FR 15470 Notice: “Intent To Prepare an Environmental Impact Statement for the Oil and Gas Leasing Decisions in Seven States From February 2015 to December 2020; Rescission” (April 11, 2025)

Other Agencies

90 FR 16130 Notice: “Petition of Chevron Corporation and Hess Corporation To Reopen and Set Aside Order” (Federal Trade Commission – April 17, 2025)

U.S. HOUSE ENERGY AND COMMERCE COMMITTEE

U.S. SENATE ENERGY AND NATURAL RESOURCES COMMITTEE 

S.1432 Bill: “A bill to amend the Outer Continental Shelf Lands Act to permanently prohibit oil and gas exploration, development, and production on the outer Continental Shelf off the coast of California, Oregon, and Washington.” (April 10, 2025 – Read Twice and Referred to Committee)

S.1472 Bill: “A bill to prohibit oil and gas leasing on the Outer Continental Shelf off the coast of New England.” (April 10, 2025 – Read Twice and Referred to Committee)

S.1485 Bill: “A bill to establish a more uniform, transparent, and modern process to authorize the construction, connection, operation, and maintenance of international border-crossing facilities for the import and export of oil and natural gas and the transmission of electricity.” (April 10, 2025 – Read Twice and Referred to Committee)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE 

PENNSYLVANIA DEPT. OF ENVIRONMENTAL PROTECTION PRESS RELEASES

DEP Updates Community on Upper Makefield Pipeline Leak (April 12, 2025)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 55, No. 15 – April 12, 2025)

Department of Environmental Protection

55 Pa.B. 2737 “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” (April 12, 2025)

Pennsylvania Public Utility Commission

55 Pa.B. 2838 “En Banc Hearing Concerning Interconnection and Tariffs for Large Load Customers” (April 12, 2025

 

Written by:
Jasmine Gunning, Research Assistant
Dillon Lightfoot, Research Assistant
Riley Amdor, Research Assistant
Caden Dean-Sauter, Research Assistant
Victoria Dutterer, Research Assistant
Jose Rojas, Research Assistant
Jackie Schweichler, Staff Attorney