August 7, 2023
Shale Law Weekly Review—Week of August 7, 2023
Methane Emissions: White House Holds Methane Summit ⚡
On Wednesday, July 26, 2023, the White House released a fact sheet describing the White House Methane Summit, which was held that day. The Summit focused on strategies to reduce methane emissions and with a focus on methane leaks from the oil and gas industry. The fact sheet also announced the creation of a Cabinet-level White House Methane Task Force, which will aid in the implementation of the U.S. Methane Emissions Reduction Action Plan. The Summit examined the following topics: “Detecting Emissions Using Innovative Technology,” “Taking Common-Sense Actions to Mitigate Methane Emissions,” “Responding to Emissions Events,” and “Leading International Efforts on Methane Management.”
GHG Emissions: Colorado Passes Greenhouse Gas Intensity Verification Rule
On Thursday, July 20, 2023, the Colorado Department of Public Health & Environment posted a press release announcing the Colorado Air Quality Commission’s unanimous approval of a new greenhouse gas intensity verification rule. The rule, the first of its kind passed by any state, regulates how certain oil and gas facilities must calculate the ratio of greenhouse gas emissions to total oil and gas produced. The rule applies to upstream oil and gas operations known as “well sites” or oil/gas “production” facilities. The rule will take effect in 2025.
Pipelines: Supreme Court Overrules Fourth Circuit’s Stay on Mountain Valley Pipeline Construction
On Thursday, July 27, 2023, the United States Supreme Court granted Mountain Valley Pipeline, LLC’s Application to Vacate Stays in the ongoing Mountain Valley Pipeline case. Mountain Valley Pipeline, LLC v. The Wilderness Society, et al. no. 23-1384, 23-1592, 23-1594. The Fourth Circuit’s July 10 order halting construction on the Pipeline was therefore overruled, and construction may resume.
National Energy Policy: White House Announces Proposed Environmental Review Rule
On Monday, July 31, 2023, the White House Council on Environmental Quality (CEQ) released a proposed rule that is intended to simplify environmental reviews under the National Environmental Policy Act (NEPA). The rule would allow more than one agency to develop joint categorical exclusions (actions not subject to environmental review). The rule also eliminates the 2020 rule’s four-part public comment process, which CEQ has categorized as “an inappropriately stringent exhaustion requirement for public commenters and agencies.” The proposed rule is open for public comment until September 29, 2023.
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
Equitrans to begin construction of Ohio Valley Connector expansion project [OGJ Online]
Natural gas deliveries to US LNG export plants set record in first-half 2023 [OGJ Online]
Biden Administration Proposes Hike In Fuel Economy Standards [OilPrice.Com]
DEP Signs $660,000 Penalty Agreement With Sunoco To Resolve More Violations During The Construction Of Mariner East Natural Gas Liquids Pipeline In 9 Counties [PA Environmental Digest]
FERC moves to speed renewable projects, but disputes stymie LNG project approvals [E&E]
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Penn State Farmland Energy Legal Podcast: Listen to the latest episode here.
Oil & Gas Law & Policy Resources:
Charles Sartain, Supreme Court of Texas Tackles the Meaning of “Predecessors” (Jul. 31, 2023)
Cynthia Hanawalt, The Willow Project Heads to Court: Sabin Center Files Amicus Brief in Support of Plaintiffs Challenging BLM’s Approval of the Project (Jul. 31, 2023)
Yongchang Chin, Oil Steadies After the Biggest Monthly Advance Since Early 2022 (Aug. 1, 2023)
Energy Connects, ADNOC and Occidental to evaluate carbon management projects in the UAE and US to accelerate net zero goals (Aug. 1, 2023)
Cynthia Hanawalt, New Report Highlights the Complex Intersection of Antitrust Law and Sustainability Goals (Aug. 1, 2023)
Ruth Santiago, Guest Blog: USACE and FEMA Promote Fossil Fuel Dependence and a Centralized Grid in Puerto Rico (Aug. 2, 2023)
Kenneth J. Markowitz, This Week’s Climate Policy Update (Aug. 3, 2023)
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. DEPARTMENT OF ENERGY PRESS RELEASES
U.S. Department of Energy Announces Over $450 Million to Increase Access to Rooftop Solar Power for Puerto Rico Residents (Jul. 31, 2023)
Biden-Harris Administration Launches Rebate Programs for Transformers and Critical Industrial Equipment (Aug. 1, 2023)
Biden-Harris Administration Announces $34 Million For States and Tribal Nations to Strengthen the Electric Grid (Aug. 3, 2023)
U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES
EPA Awards over $24,000 to Purdue University to Research Air Pollutants in Classroom Environments (Aug. 1, 2023)
FEDERAL EXECUTIVE AGENCIES (Federal Register Jul. 28 – Aug. 3, 2023)
Environmental Protection Agency
88 FR 47095 Proposed Rule – Comment Period: “Air Approval Plan; Arkansas; Excess Emissions” (Jul. 21, 2023)
88 FR 48772 Proposed Rule – Comment Period: “Air Plan Approval and Air Quality Designation; KY; Redesignation of the Northern Kentucky Portion of the Cincinnati, OH-KY 2015 8-Hour Ozone Nonattainment Area to Attainment” (Jul. 28, 2023)
88 FR 49461 Notice: “Air Pollution Control; Proposed Administrative Action on Clean Air Act Grant to the Puerto Rico Department of Natural and Environmental Resources” (Jul. 31, 2023)
88 FR 50282 Proposed Rule – Comment Period: “Greenhouse Gas Reporting Rule: Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems” (Aug. 1, 2023)
88 FR 51310 Notice: “Adequacy Status of Motor Vehicle Emissions Budgets for the Baltimore 2015 8-Hour Ozone Moderate Nonattainment Area” (Aug. 3, 2023)
88 FR 51239 Rule: “Renewable Fuel Standard (RFS) Program: Standards for 2023-2025 and Other Changes; Correction” (Aug. 3, 2023)
Federal Energy Regulatory Commission
88 FR 48836 Notice: “Combined Notice of Filings (Natural Gas and Oil Pipeline Rate and Refund Report)” (Jul. 28, 2023)
88 FR 50137 Notice: “Southern Star Central Gas Pipeline, Inc.; Notice of Request Under Blanket Authorization and Establishing Intervention and Protest Deadline” (Aug. 1, 2023)
88 FR 50135 Notice: “Delfin LNG LLC; Notice of Request for Extension of Time” (Aug. 1, 2023)
Energy Department
88 FR 50134 Notice: “Change in Control: Cove Point LNG, LP” (Aug. 1, 2023)
U.S. Army Corps of Engineers
88 FR 50131 Notice: “Water Resources Development Act 2020, Section 128 Harmful Algal Bloom Demonstration Program Draft Environmental Assessment” (Aug. 1, 2023)
Pipeline and Hazardous Materials Safety Administration
88 FR 50056 Rule: “Pipeline Safety: Requirement of Valve Installation and Minimum Rupture Detection Standards: Technical Corrections” (Aug. 1, 2023)
Forest Service
Department of Justice
88 FR 51352 Notice: “Notice of Lodging of Proposed Partial Consent Decree Under the Clean Water Act and the Pipeline Safety Laws” (Aug. 3, 2023)
National Highway Traffic Safety Administration
88 FR 50276 Notice – Comment Period: “Winnebago Industries, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance” (Aug. 1, 2023)
Ocean Management Bureau
U.S. HOUSE ENERGY AND COMMERCE COMMITTEE
H.R.5115 “To assign a resident inspector to certain commercial nuclear power plants to conduct inspections of decommissioning activities and spent nuclear fuel transfer activities.” Referred to the House Committee on Energy and Commerce. (Aug. 1, 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. 30—Jul. 29, 2023)
Department of Environmental Protection
53 Pa.B. 3996 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”
Environmental Quality Board
53 Pa.B. 3973 Proposed Rule: “Acceptance of Recommendation”
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
Josh Narey, Research Assistant
Jackie Schweichler, Staff Attorney
