Shale Law Weekly Review—Week of August 29, 2022

Oil and Gas Leasing: Environmental Groups File Suit Challenging Peregrine Program ⚡
On August 25, 2022, Sierra Club, Friends of the Earth, and Greenpeace filed a lawsuit challenging the U.S. Bureau of Land Management’s approval of Emerald House’s Peregrine “oil and gas exploration” program in Alaska. Sierra Club, et al., v. Bureau of Land Mgmt. The Peregrine program is a five-year, year-round program set to appraise oil and gas in the Alaskan Reserve, involving drilling, construction and deconstruction of drilling sites, and fossil-fuel powered flights and transportation in and out of the Reserve. The conservation groups claim BLM failed to sufficiently analyze potential emissions from the Peregrine program in its Environmental Impact Statements, as required by the National Environmental Policy Act.

Pipelines: FERC Grants Extension of Time to Mountain Valley Pipeline
On August 23, 2022, the Federal Energy Regulatory Commission granted a request for an extension of time filed by Mountain Valley Pipeline, LLC, for its eponymous pipeline project. FERC received notices of intervention and comments from individual landowners and interest groups. While some parties argued in favor of an extension in order for property restoration to continue in a timely fashion, other parties commented that Mountain Valley lacked good cause for an extension and that the project no longer served the public’s interest. FERC determined that there was good cause and sufficient public interest for the project to continue with an extension of time. Mountain Valley now has until October 13, 2026, to finish its pipeline.

Pipelines: Environmental Group Challenges East 300 Upgrade Project
On August 15, 2022, the environmental group Food & Water filed a petition seeking review of the Federal Energy Regulatory Commission’s approval of the East 300 Upgrade Project (“the project”). Food & Water Watch v. FERC, Docket No. 22-1214. The East 300 Upgrade Project includes the construction of compressor stations in Pennsylvania and New Jersey. The petition claims FERC failed to consider whether the project would comply with the emissions reduction requirements in the New York Climate Leadership and Community Protection Act.

GHG Emissions: California Bans Gas-Powered Car Sales Effective 2035
On August 24, 2022, the California Air Resources Board voted to approve the Advanced Clean Cars II Regulations, which would require all vehicles sold in the state to be zero-emission vehicles starting in 2035. The regulations do allow for conventional vehicles to continue to be used on the roads after 2035, and plug-in hybrid vehicles may continue to be sold after 2035.

Oil & Gas Law & Policy Resources:

McFarland, Should I Sell Carbon Credits? A Decision Guide for Ranchers (August 19, 2022)

Energy Connects, TotalEnergies and Eni announce major offshore gas discovery off Cyprus (August 22, 2022)

Webb, The New Methane Emissions Charge: One (Limited But Important) Stick In The Inflation Reduction Act, (August 23, 2022)

Sartain & Brown, Busted Land Transaction Violated the Statute of Frauds (August 24, 2022)

Energy Connects, Shell and Energy Transfer sign 20-year LNG deal (August 25, 2022)

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks August 20, 2022- August 16, 2022:

Lawsuit: Pipeline build-out clashes with N.Y. climate goals (E&E News)

Saudi Minister Says OPEC+ Could Cut Production At Any Time (Oil Price)

Texas’ plan to protect gas system draws widespread criticism (E&E News)

Dem bill would end tax breaks for Big Oil advertising (E&E News)

The Inflation Reduction Act will reduce household energy insecurity—but it could do more (Brookings Brief)

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

Biden-Harris Administration Launches $28 Million Program to Advance Hydropower for Clean Energy (August 19, 2022)

DOE Announces $60 Million to Advance Clean Hydrogen Technologies and Decarbonize Grid (August 23, 2022)

DOE Announces $540 Million for Technologies to Transform Energy Production and Cut Emissions (August 25, 2022)

Federal Working Group Announces Establishment of Rapid Response Team to Support Energy Communities in The Four Corners (August 25, 2022)

U.S. ENVIRONMENTAL PROTECTION AGENCY

EPA Officials Tour Pittsburgh Redevelopment Sites Where Brownfield Funding Supports a Community Resurgence (August 23, 2022)

EPA settles with L.A.-Area Amalie Oil for violating Clean Water Act (August 23, 2022)

EPA Report Highlights Significant Decline in Emissions, Improved Air Quality from Bipartisan Diesel Emissions Reduction Act (August 25, 2022)

FEDERAL EXECUTIVE AGENCIES (Federal Register August 20– August 26, 2022):

Environmental Protection Agency

87 FR 52487: Proposed Rule, Comments Period Ends 9/26/22: “Air Plan Approval and Air Quality Designation; GA; Redesignation of the Atlanta, Georgia 2015 8-Hour Ozone Nonattainment Area to Attainment” (August 26, 2022)

87 FR 52337: Rule: “Approval and Promulgation of Implementation Plans; New York; Oil and Natural Gas Control Measures” (August 25, 2022)

Federal Energy Regulatory Commission

87 FR 51974: Notice, Comments Period Ends 9/23/22: “Commission Information Collection Activities (FERC-604); Comment Request; Extension” (August 24, 2022)

Pipeline and Hazardous Materials Safety Administration

87 FR 52224: Rule: “Pipeline Safety: Safety of Gas Transmission Pipelines: Repair Criteria, Integrity Management Improvements, Cathodic Protection, Management of Change, and Other Related Amendments” (August 24, 2022)

Interior Department

87 FR 52411: Notice, Comment Period Ends 9/26/22: “Louisiana Trustee Implementation Group; Deepwater Horizon Oil Spill Draft Phase 2 Restoration Plan/Environmental Assessment #7.1: Terrebonne HNC Island Restoration Project” (August 25, 2022)

Ocean Energy Management Bureau

87 FR 52443: Rule: “Adjustment of Service Fees for Outer Continental Shelf Activities” (August 26, 2022)

Other Agencies

87 FR 51359: Notice: “Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Marine Site Characterization Surveys” (August 22, 2022)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPT. OF ENVIRONMENTAL PROTECTION PRESS RELEASES

DEP Seeks Public Input on Strengthening Pennsylvania’s Electric Grid against Extreme Weather Events (August 24, 2022)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 52, No. 35- August 27, 2022)

 

Written by:
Ethan Durand, Research Assistant
Kendal Ashman, Research Assistant
Jackie Schweichler, Staff Attorney