Shale Law Weekly Review—Week of January 23, 2023

Community Impacts: DOE Provides Application Guidance for Community-Oriented Clean Energy Program ⚡
On January 18, 2023, The U.S. Department of Energy (2023) provided additional guidance for its Energy Efficiency and Conservation Block Grant (EECBG) Program. The EECBG program will allow state, local, and Tribal governments to apply for $430 million in grant funding to support energy efficiency projects and “to reduce fossil fuel emissions.” The funding may be used for community projects such as creating community solar, bike lanes, or installing renewable projects. The DOE is also seeking input on its Home Energy Rebates Programs, which will provide $9 billion in funding for energy efficient home improvements. These programs are being funded as part of the government’s larger effort to achieve a net-zero emissions economy by 2050.  

Pipelines: FERC Approves Pipeline Construction and Expansion Projects in New Jersey and Pennsylvania
On January 11, 2023, FERC issued an order approving the application filed by Transcontinental Gas Pipeline Company, LLC (Transco) authorizing their Regional Energy Access Expansion (REAE) project. The project involves the replacement of less efficient gas compressor stations in Pennsylvania, the construction and expansion of new pipeline facilities and new compressor stations in New Jersey and Pennsylvania, and the modification of “various tie-ins, regulators, and delivery meter stations in Pennsylvania, New Jersey, and Maryland.” According to Transco, the REAE project will “increase natural gas transportation capacity by up to 829,000 dekatherms per day.” The reasons provided by FERC in approving the REAE focus mainly on the need for the project demonstrated by Transco, coupled with the projected low economic impact on shippers, landowners, communities, customers, and other pipelines.

 

Oil & Gas Law & Policy Resources:

Bloomberg, China Posts Record Fossil Fuel Output as Security Trumps Climate (January 17, 2023)

Energy Connects, ADNOC awards contracts for Hail & Ghasha Gas Project in the UAE (January 17, 2023)

Sartain & Blakey, Texas NPRI Not Diminished by Pooling Ratification (January 18, 2023)

Markowitz, et al., Analysis of New CEQ Interim Guidance on Consideration of Greenhouse Gas Emissions and Climate Change Under NEPA (January 18, 2023)

Eisenson, SABIN CENTER URGES BOEM TO CONSIDER CLIMATE CHANGE RISKS TO OFFSHORE WIND PROJECTS, AS WELL AS CLIMATE CHANGE IMPACTS TO WILDLIFE IF OFFSHORE WIND PROJECTS ARE NOT CONSTRUCTED (January 18, 2023)

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks January 14– January 20, 2023:

Trio of natural gas companies launch coalition to reduce methane emissions in Appalachian Basin (Shale Gas Reporter)

DeWine signs bill into law that designates natural gas as green energy in Ohio (Shale Gas Reporter)

White House climate guidance may shift FERC on gas (E&E News)

American Petroleum Institute Unveils Plan To Prioritize U.S. Natural Gas And Oil; Target Northeast U.S. For Pipeline Development (PA Environment Digest)

House votes to block China from buying oil from US reserves (AP)

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FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. DEPARTMENT OF ENERGY

DOE Announces $2.3 Million for Public-Private Partnerships to Advance Fusion Energy (January 17, 2023)

DOE Launches New $50 Million Program to Help Communities Meet Their Clean Energy Goals (January 18, 2023)

Biden-Harris Administration Announces Funding For Community-Centered Clean Energy Programs Across the U.S. And $9 Billion For Home Rebates (January 18, 2023)

DOE Launches $10 Million Prize to Accelerate Community Solar in Underrepresented Communities (January 19, 2023)

U.S. ENVIRONMENTAL PROTECTION AGENCY

Biden-Harris Administration Announces $9.9 Million from EPA’s Clean School Bus Program for Guam Schools (January 17, 2023)

EPA Seeks Input on Inflation Reduction Act Programs to Reduce Greenhouse Gas Emissions Associated with Construction Materials and Products (January 19, 2023)

FEDERAL EXECUTIVE AGENCIES (Federal Register January 14–January 20, 2023):

Energy Department

88 FR 3234: Rule: “Energy Conservation Program: Test Procedure for Dishwashers” (January 18, 2023)

Environmental Protection Agency

88 FR 3408: Notice: “Recent Postings of Broadly Applicable Alternative Test Methods” (January 19, 2023)

88 FR 2873: Proposed Rule, Comments Close 2/17/23: “Air Plan Approval; AK; Adoption and Permitting Rule Updates” (January 18, 2023)

88 FR 3004: Rule: “Revised Definition of “Waters of the United States”,” (January 18, 2023)

Natural Resources Revenue Office

88 FR 3430: Notice, Comments Close 3/20/23: “Agency Information Collection Activities: Suspensions Pending Appeal and Bonding” (January 19, 2023)

88 FR 2520: Rule: “2023 Civil Monetary Penalty Inflation Adjustments” (January 17, 2023)

Ocean Energy Management Bureau

88 FR 3433: Notice, Comments Close 3/6/23: “Modifications to the Bid Adequacy Procedures for Offshore Oil and Gas Lease Sales” (January 19, 2023)

Other Agencies

88 FR 3757: Notice: “Notice of Availability of the Draft Resource Management Plan and Draft Environmental Impact Statement for the North Dakota Field Office” (January 20, 2023)

88 FR 3482: Proposed Rule, Comments Close 3/20/23: “Non-Compete Clause Rule” (January 19, 2023)

88 FR 3146: Proposed Rule, Comments Close 2/17/23: “Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Construction at Portsmouth Naval Shipyard, Kittery, Maine” (January 18, 2023)

88 FR 2618: Notice, Comments Close 2/16/23: “Glass Container Non-Compete Restrictions; Analysis of Agreements Containing Consent Orders To Aid Public Comment” (January 17, 2023)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPT. OF ENVIRONMENTAL PROTECTION PRESS RELEASES
Pennsylvania Adopts PFAS Limits for Drinking Water (January 14, 2023)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 3 January 21, 2023)

DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES

53 Pa.B. 506: Notice: “Community Conservation Partnerships Program Grants Available”

PENNSYLVANIA LEGISLATURE

S.B. 115: “An Act amending the act of July 7, 2008 (P.L.654, No.55), known as the Bituminous Coal Mine Safety Act, in diesel-powered equipment, further providing for schedule of maintenance.” First consideration, Jan. 18, 2023. [Senate] (January 18, 2023)

S.B. 26: “An Act amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes, in development, further providing for relationship to solid waste and surface mining.” Referred to ENVIRONMENTAL RESOURCES AND ENERGY, Jan. 18, 2023. [Senate] (January 18, 2023)

S.B. 92: “An Act amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes, in development, further providing for notification to public drinking water systems.” Referred to ENVIRONMENTAL RESOURCES AND ENERGY, Jan. 18, 2023. [Senate] (January 18, 2023)

 

Written by:
Kole Zellers, Research Assistant
Kendal Ashman, Research Assistant
Jackie Schweichler, Staff Attorney