August 22, 2022
Shale Law Weekly Review—Week of August 22, 2022
Pipelines: Federal Judge Rules Enbridge Case Must Remain in Federal Court ⚡
On August 18, 2022, the U.S. District Court for the Western District of Michigan, Southern Division denied the State of Michigan’s motion to remand the case to state court in its lawsuit seeking to stop Enbridge’s Line 5 Pipeline. Nessel v. Enbridge Energy Ltd. P’ship, Case No. 1:21-cv-1057. The court found that there were “important federal interests” involved in the case and that “comprehensive and efficient administration of justice” required the case to remain in federal court. The case was originally filed in Michigan state court but was removed to federal court after a motion by Enbridge.
Public Lands: Court Reinstates Jewell Order Enacting Coal Leasing Moratorium
On August 12, 2022, the U.S. District Court for the District of Montana, Great Falls Division, entered an order reinstating the “Jewell Order” propagated by former Interior Secretary Sally Jewell in 2016, which reestablishes the Jewell Order’s moratorium on federal coal leasing, with exemptions. Citizens for Clean Energy, et al. v. U.S. Dept. Of the Interior, et al., Case No. 4:17-cv-00030-BMM. The moratorium is in effect until the U.S. Bureau of Land Management can complete “sufficient” review of the moratorium’s revocation under the National Environmental Policy Act.
Oil and Gas Leasing: BLM Pauses Oil and Gas Leasing of Colorado Lands
On August 11, 2022, the U.S. Bureau of Land Management and conservation groups reached a settlement agreement regarding the leasing of 2.2 million acres of Colorado federal lands,. In the settlement, BLM agreed to pause issuing new oil and gas leases for said lands, issue a new Environmental Impact Statement (EIS) and conduct a new resource plan management amendment process. Citizens for a Healthy Cmty., et al. v. U.S. Bureau of Land Mgmt., Civil Action No. l:20-cv-2484. The civil action originally came to court when a coalition of environmental groups filed a petition challenging BLM’s final EIS of the Uncompahgre Resource Management Plan for public lands in Colorado, alleging violations of the Federal Land Policy and Management Act, the National Environmental Policy Act, and the Administrative Procedure Act.
Oil & Gas Law & Policy Resources:
McFarland, John Warne Gates: Barbed Wire, Steel, Texaco, Port Arthur, and Horses (August 12, 2022)
Bloomberg, Germany Reaches Gas Storage Milestone Two Weeks Ahead of Plan (August 14, 2022)
Markowitz, et al., This Week’s Climate Policy Update (August 15, 2022)
Bates, et al., President Biden Signs the Inflation Reduction Act (August 16, 2022)
Webb, SURPRISE: INFLATION REDUCTION ACT MAKES OIL AND GAS DEVELOPMENT ON FEDERAL LAND LESS ATTRACTIVE (August 17, 2022)
Sartain & Blakey, Price is Paid for Failure to Timely Probate a Texas Will (August 17, 2022)
Bloomberg, War-Hit Ukraine Atomic Plant Poses Risks to Europe’s Energy Grid (August 19, 2022)
Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks August 12, 2022- August 19, 2022:
U.S. to pause oil, gas leasing on 2.2 million acres in Colorado over climate impact (Reuters)
Portugal: E.U. eyes Iberia-Italy pipeline to get gas to Europe (E&E News)
PA Grade Crude [Oil] Development Advisory Council Meets Aug. 18 On Road Dumping Drilling Wastewater; Methane Regs, Conventional Regs, Well Plugging, More (PA Environment Digest)
Freeport LNG Withdraws Force Majeure (Rigzone)
Connect with us on Facebook. Every week we post the CASL Ledger detailing our publications and activities from the week.
Penn State Farmland Energy Legal Podcast: Listen to the latest episode here.
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. DEPARTMENT OF ENERGY
Statement By Secretary Granholm On Final Passage Of The Inflation Reduction Act Of 2022 (August 12, 2022)
DOE Announces up to $44 Million to Advance Enhanced Geothermal Systems (August 15, 2022)
DOE Announces $45 Million for Next-Generation Cyber Tools to Protect the Power Grid (August 17, 2022)
DOE Projects Monumental Emissions Reduction From Inflation Reduction Act (August 18, 2022)
U.S. ENVIRONMENTAL PROTECTION AGENCY
EPA Seeks Input on the Phase 3 Greenhouse Gas Standard Rulemaking for Heavy-Duty Engines and Vehicles (August 15, 2022)
FEDERAL EXECUTIVE AGENCIES (Federal Register August 13 – August 19, 2022):
Environmental Protection Agency
87 FR 51016: Proposed Rule, Comments Period Ends 9/19/22: “Approval and Promulgation of Air Quality Implementation Plans; New Jersey; Regional Haze State Implementation Plan for the Second Implementation Period” (August 19, 2022)
87 FR 51006: Proposed Rule, Comments Period Ends 9/19/22: “Air Plan Approval; Maryland; Clean Data Determination and Approval of Select Attainment Plan Elements for the Anne Arundel County and Baltimore County, Maryland Sulfur Dioxide Nonattainment Area” (August 19, 2022)
National Highway Traffic Safety Administration
87 FR 50386: Notice, Comments Period Ends 9/15/22: “Notice of Intent To Prepare an Environmental Impact Statement for Model Years 2027 and Beyond Corporate Average Fuel Economy Standards and Model Years 2029 and Beyond Heavy-Duty Pickup Trucks and Vans Vehicle Fuel Efficiency Improvement Program Standards” (August 16, 2022)
Ocean Energy Management Bureau
87 FR 51133: Notice: “Outer Continental Shelf Official Protraction Diagrams and Official Protraction Aliquot Diagrams” (August 19, 2022)
87 FR 51134: Notice, Comments Period Ends 10/3/22: “Research Lease on the Outer Continental Shelf (OCS) in the Gulf of Maine, Request for Competitive Interest (RFCI)” (August 19, 2022)
87 FR 50609: Notice: “Notice of Availability of the Deepwater Horizon Oil Spill Alabama Trustee Implementation Group Alabama Swift Tract Living Shoreline Project: Final Supplemental Environmental Assessment” (August 17, 2022)
Other Agencies
87 FR 50888: Notice, Comments Period Ends 9/19/22: “Petition for Modification of Application of Existing Mandatory Safety Standards” (August 18, 2022)
87 FR 50074: Notice, Comments Period Ends 10/14/22: “Notice of Intent To Prepare a Draft Environmental Impact Statement for the Line 5 Tunnel Project, Mackinac and Emmet Counties, Michigan” (August 15, 2022)
87 FR 50041: Proposed Rule, Comments Period Ends 9/14/22: “Marine Mammals; Incidental Take During Specified Activities: The Gulf of Alaska” (August 15, 2022)
U.S. HOUSE ENERGY AND COMMERCE COMMITTEE
H.R.8723 “To amend the Energy Act of 2020 to require the Secretary of Energy to establish a program to accelerate the availability of commercially produced high-assay, low-enriched uranium in the United States and to make high-assay, low-enriched uranium produced from Department of Energy inventories available for use in advanced nuclear reactors, and for other purposes.” Referred to the Committee on Science, Space, and Technology, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (August 16, 2022)
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA DEPT. OF ENVIRONMENTAL PROTECTION PRESS RELEASES
DEP to Hold Virtual Informal Public Conferences on Mining Permit Applications for Facilities in Greene County (August 17, 2022)
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 52, No. 34- August 13, 2022)
DEPARTMENT OF ENVIRONMENTAL PROTECTION
52 Pa.B. 5203 Notice: “Preventing Outages and Enhancing the Resilience of the Electric Grid Public Meeting”
Written by:
Ethan Durand, Research Assistant
Kendal Ashman, Research Assistant
Jackie Schweichler, Staff Attorney
