January 9, 2023
Shale Law Weekly Review—Week of January 9, 2023
State Regulation: DEP Report Finds Pattern of Non-Compliance Among PA Oil and Gas Well Operators ⚡
On December 29, 2022, the Pennsylvania Department of Environmental Protection (DEP) released a report on the status of compliance with DEP regulations among oil and gas well operators, as a result of a request made by Governor Tom Wolf. The report, prepared by DEP’s Office of Oil and Gas Management, examined abandonment of wells and failures to report on waste production and mechanical integrity. The report found “significant non-compliance” over the past five years, going so far as to say failure to report was the “industry-wide rule.”
Infrastructure: Lawsuit Filed Seeking Records of FEMA Funding for Fossil Fuels and Renewable Energy
On January 4, 2023, the Center for Biological Diversity filed a lawsuit in the U.S. District Court for the District of Columbia, arguing that the Federal Emergency Management Agency (FEMA) failed to respond in a timely manner to their previous request under the Freedom of Information Act (FOIA). Ctr. For Biological Diversity v. FEMA, Case 1:23-cv-00011. The initial FOIA request asked FEMA to provide records of FEMA’s spending on energy projects including fossil fuel projects as well as their spending on “renewable energy and energy efficiency alternatives.” In this lawsuit, the Center alleges that in the time since the FOIA was request was made over a year ago, they have received no records or a timeline for a response.
Pipelines: Draft Environmental Impact Statement Released for Mountain Valley Pipeline
On December 23, 2023, the U.S. Forest Service released a draft supplemental environmental impact statement for the Mountain Valley Pipeline project and its planned crossing through the Jefferson National Forest in Virginia. The statement reviewed both an amended plan which would allow the pipeline to cross through the forest and a “no action” plan where the pipeline would not cross through the forest, primarily finding no “substantial adverse effects” and only minor ones from allowing the pipeline to cross the forest.
Oil & Gas Law & Policy Resources:
Sartain, Oops! Sellers Didn’t Read The Mineral Deed Before Signing (January 3, 2023)
Greening & Song, Singapore Green Energy Transition – Recent Developments (January 4, 2023)
Arlota & Silverman-Roati, RECENT DEVELOPMENTS ON CARBON DIOXIDE REMOVAL: INCREASING POLICY SUPPORT BUT GOVERNANCE ISSUES REMAIN (January 5, 2023)
McFarland, Davis v. JD Minerals: another fixed vs floating royalty dispute (January 6, 2023)
Bloomberg, Biden Hands Rare Win to Permian Drillers With Pause on Smog Rule (January 6, 2023)
Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks December 31– January 6, 2022:
2022 Will Be Remembered as the Year the U.S. Became the World’s Largest Exporter of Liquified Natural Gas (Inside Climate News)
TURKEY CUTS NATURAL GAS, POWER PRICES FOR INDUSTRY FROM JAN. 1 (Natural Gas World)
Keystone Pipeline Returns to Service (Rigzone)
Biden administration signs off on restarting damaged Keystone pipeline section (PoliticoPro)
Connect with us on Facebook.
Penn State Farmland Energy Legal Podcast: Listen to the latest episode here.
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. ENVIRONMENTAL PROTECTION AGENCY
EPA Proposes to Strengthen Air Quality Standards to Protect the Public from Harmful Effects of Soot (January 6, 2023)
EPA Requires Reporting on Releases and Other Waste Management for Nine Additional PFAS (January 6, 2023)
EPA Releases New PFAS Analytic Tools (January 5, 2023)
U.S. EPA’s ENERGY STAR Program Advances Energy Management through Smart Homes (January 4, 2023)
FEDERAL EXECUTIVE AGENCIES (Federal Register December 31–January 6, 2023):
Environmental Protection Agency
88 FR 38: Proposed Rule, Comments Close 2/2/2023: “Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities November 2022” (January 3, 2023)
Other Agencies
88 FR 953: Rule: “National Marine Sanctuary Regulations” (January 6, 2023)
88 FR 916: Proposed Rule, Comments Close 2/6/23: “Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys in the Gulf of Mexico” (January 5, 2023)
88 FR 604: Rule: “Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the U.S. Navy Training Activities in the Gulf of Alaska Study Area” (January 4, 2023)
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA DEPT. OF ENVIRONMENTAL PROTECTION PRESS RELEASES
ADVISORY – HARRISBURG – MONDAY – Lung Cancer Survivor to Join DEP and Department of Health in Encouraging Pennsylvanians to Test Their Homes for Radon Gas (January 6, 2023)
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 1 January 7, 2023)
DEPARTMENT OF ENVIRONMENTAL PROTECTION
53 Pa.B. 107 Notice: “Rescission of Technical Guidance”
Pennsylvania Energy Development Authority
SUSQUEHANNA RIVER BASIN COMMISSION
53 Pa.B. 119 Notice: “Actions Taken at December Meeting”
53 Pa.B. 120 Notice: “Projects Approved for Consumptive Uses of Water”
Written by:
Ethan Durand, Research Assistant
Kole Zellers, Research Assistant
Kendal Ashman, Research Assistant
Jackie Schweichler, Staff Attorney
