August 21, 2023
Shale Law Weekly Review—Week of August 21, 2023
LNG Exports: Environmental Groups Petition Federal Appeals Court Over DOE Order Approving the Alaska LNG Project ⚡
On August 11, 2023, the Sierra Club and the Center for Biological Diversity filed a petition in the U.S. Court of Appeals for the District of Columbia Circuit seeking to reverse the Biden administration’s approval of Alaska LNG Project. The Department of Energy (DOE) approved the project in an order on April 13, 2023, and denied petitioners previous request for a rehearing. The environmental groups argue that the project, pursued by the state-owned Alaska Gasline Development Corp., would contribute to excessive atmospheric carbon emissions and worsen climate change. The project’s estimated cost is $38.7 billion and involves construction of a new pipeline.
Community Impacts: California Attorney General Files a Lawsuit Against SoCalGas for Natural Gas Marketing
On August 11, 2023, the state of California, through the Attorney General, filed a complaint alleging that Southern California Gas Company (SoCalGas) misled consumers by marketing its natural gas as “renewable.” California v. Southern California Gas Company, Case No. 23CV040344. According to the complaint, the natural gas sold by SoCalGas is primarily produced from fossil fuels. California argues that customers generally equate the term “renewable” with products that are “environmentally beneficial.” Because the SoCalGas is produced from fossil fuels, California claims that it is not “environmentally beneficial” and therefore cannot be characterized as renewable.
CENTER PROGRAMS & RESOURCES
3rd Annual Penn State Solar Law Symposium – This year’s webinar topics will include gridscale solar overview; solar development from the perspectives of the landowner, the developer, and the municipality; Public Utility Commission considerations; and PJM considerations, more information, and registration available here.
August 23, 2023, noon – 4:15 pm (ET). (Register)
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.
August 25, 2023, noon – 1 pm (ET). Understanding the Basics of Milk Pricing. (Register)
Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks
Driftwood LNG’s last export contract craters, leaving $25 billion project’s future in doubt [The Advocate]
Biden administration announces $1.2B in funding for projects to pull carbon from the air [The Hill]
U.S. natural gas pipeline exports to Mexico set a monthly high in June 2023 [EIA]
California secures settlement with SoCalGas over ‘misleading’ claims that natural gas is ‘renewable’ [The Hill]
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Penn State Farmland Energy Legal Podcast: Listen to the latest episode here.
Oil & Gas Law & Policy Resources:
Ruth Santiago, Guest Blog: USACE and FEMA Promote Fossil Fuel Dependence and a Centralized Grid in Puerto Rico (Aug. 2, 2023)
Michael Gerrard, New California Legislation Would Be a Major Step Forward for Climate Disclosure (Aug. 8, 2023)
Charles Sartain, “Harmony” in a Texas Mineral Reservation (Aug. 9, 2023)
Sharon Cho, Oil’s Push Toward $90 Gets Lift From Physical Markets Everywhere (Aug. 15, 2023)
Charles Sartain & London England, Federal Court Distinguishes Devon v. Sheppard (Aug. 16, 2023)
Energy Connects, Proserv’s new Saudi Arabia base to aid digital push and new market moves (Aug. 16, 2023)
Yongchang Chin, Oil Steadies After Two-Day Loss as US Inventories Seen Dropping (Aug. 16, 2023)
Brigit Rollins, States File Suit Over E10 Biofuels (Aug. 17, 2023)
Energy Connects, Equinor makes new discovery in the North Sea (Aug. 18, 2023)
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. DEPARTMENT OF ENERGY PRESS RELEASES
Joint Statement on Accelerating Methane Mitigation from the LNG Value Chain (Aug. 16, 2023)
DOE Awards $34 Million to Advance Clean Hydrogen (Aug. 17, 2023)
U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES
Educational Organization in Reno, Nevada Wins EPA Grant to Advance Environmental Efforts (Aug. 15, 2023)
University of Maine Selected for $1+ Million EPA Research Grant to Address Energy Transitions in Underserved Communities (Aug. 17, 2023)
FEDERAL EXECUTIVE AGENCIES (Federal Register Aug. 11 – Aug. 18, 2023)
Environmental Protection Agency
88 FR 51812 Notice: “Environmental Impact Statements; Notice of Availability (CP2 LNG and CP Express Project)” (Aug. 4, 2023)
88 FR 55220 Proposed Rule – Comment Period: “Alabama: Denial of State Coal Combustion Residuals Permit Program” (Aug. 14, 2023)
88 FR 55040 Notice: “Renewable Fuel Standard (RFS) Program Compliance; Notification of Webinar” (Aug. 14, 2023)
88 FR 55383 Rule – Comment Period: “Air Plan Approval; Illinois; Base Year Emissions Inventory for the 2015 Ozone Standard” (Aug. 15, 2023)
88 FR 55379 Rule: “Air Plan Approval; Texas; Oil and Natural Gas Reasonably Available Control Technology in the Dallas-Fort Worth and Houston-Galveston-Brazoria Ozone Nonattainment Areas” (Aug. 15, 2023)
88 FR 56615 Notice: “Environmental Impact Statements; Notice of Availability” (Aug. 18, 2023)
Federal Energy Regulatory Commission
88 FR 55451 Notice: “Combined Notice of Filings (Natural Gas and Oil Pipeline Rate and Refund Report)” (Aug. 15, 2023)
88 FR 55689 Notice: “Florida Gas Transmission Company, LLC; Notice of Schedule for the Preparation of an Environmental Assessment for the South Louisiana Project” (Aug. 16, 2023)
88 FR 55686 Notice: “Columbia Gas Transmission, LLC; Notice of Request Under Blanket Authorization and Establishing Intervention and Protest Deadline” (Aug. 16, 2023)
88 FR 56016 Notice: “ANR Pipeline Company; Notice of Application and Establishing Intervention Deadline” (Aug. 17, 2023)
88 FR 56613 Notice: “Gulf South Pipeline Company, LLC; Notice of Request Under Blanket Authorization and Establishing Intervention and Protest Deadline” (Aug. 18, 2023)
Energy Department
88 FR 51792 Notice: “Notice of Final Determination on 2023 DOE Critical Materials List” (Aug. 4, 2023)
88 FR 56610 Notice: “President’s Council of Advisors on Science and Technology” (Aug. 18, 2023)
U.S. Army Corps of Engineers
88 FR 56608 Notice – Comment Period: “Request for Project Proposals Pursuant to the Water Resources Development Act of 2020, Pilot Program for Continuing Authority Projects in Small or Disadvantaged Communities-Extension of Time To Submit Proposals; Correction” (Aug. 18, 2023)
Land Management Bureau
88 FR 56652 Notice: “Notice of Availability of the Draft Environmental Impact Statement for the Bald Mountain Mine Plan of Operations Amendment, Juniper Project, White Pine County, Nevada” (Aug. 18, 2023)
88 FR 56649 Notice: “Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Robertson Mine Project, Lander County, Nevada” (Aug. 18, 2023)
Department of Justice
88 FR 55077 Notice: “Notice of Lodging of Proposed Consent Decree Under the Clean Air Act” (Aug. 14, 2023)
Susquehanna River Basin Commission
88 FR 55814 Notice: “Projects Approved for Consumptive Uses of Water” (Aug. 16, 2023)
National Highway Traffic Safety Administration
88 FR 56128 Proposed Rule – Comment Period: “Corporate Average Fuel Economy Standards for Passenger Cars and Light Trucks for Model Years 2027-2032 and Fuel Efficiency Standards for Heavy-Duty Pickup Trucks and Vans for Model Years 2030-2035” (Aug. 17, 2023)
Ocean Management Bureau
U.S. HOUSE ENERGY AND COMMERCE COMMITTEE
H.R.5191 “To direct the Secretary of Agriculture to establish a renewable energy grant program for territories of the United States, and for other purposes.” Referred to the Committee on Agriculture, and in addition to the Committees on Energy and Commerce. (Aug. 11, 2023)
H.R.5204 “To direct the Administrator of the Environmental Protection Agency to establish a grant program to facilitate the development of climate adaptation plans by certain entities, and for other purposes.” Referred to the House Committee on Energy and Commerce. (Aug. 15, 2023)
H.R.5210 “To direct the Administrator of the Environmental Protection Agency to amend regulations relating to exemptions for engines and equipment for purposes of national security, and for other purposes.” (Aug. 15, 2023)
U.S. SENATE ENERGY AND NATURAL RESOURCES COMMITTEE
S.2480 “A bill to require the Federal Energy Regulatory Commission to promulgate regulations with respect to regional and interregional transmission planning, and for other purposes.” Read twice and referred to the Committee on Energy and Natural Resources. (Jul. 25, 2023)
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 31—Aug. 5, 2023)
Department of Envrionmental Protection
53 Pa.B. 5183 Notice: “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”
53 Pa.B. 5250 Notice: “Proposed State Implementation Plan Revision; Basic Vehicle Inspection and Maintenance Program Certification for the Philadelphia, PA Moderate Nonattainment Area for the 2015 Ozone National Ambient Air Quality Standard; Public Hearing”
Pennsylvania Energy Development Authority
53 Pa.B. 5261 Notice: “Board Meeting”
Pennsylvania Legislature
SB 198 “An Act amending the act of July 13, 1988 (P.L.530, No.94), known as the Environmental Hearing Board Act, further providing for definitions and for jurisdiction.”
Referred to ENVIRONMENTAL RESOURCES AND ENERGY (Jun. 22, 2023).
HB 1032 “An Act establishing the Solar for Schools Grant Program; and providing for powers and duties of the Department of Community and Economic Development.” Referred to COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT (Jul. 27, 2023)
Written By:
Lonzie Helms, Research Assistant
Mary Johnson, Research Assistant
Jackie Schweichler, Staff Attorney
