Shale Law Weekly Review—Week of July 17, 2023

National Energy Policy: DOE Announces $90 Million Intended to Update State and Local Building Energy Codes ⚡
On July 12, 2023, the United States Department of Energy (DOE) posted a press release announcing $90 million to help municipalities, states, tribes, and other partnering organizations implement updated building energy codes.  The funding has been awarded to 27 projects in 26 states and the District of Columbia.  Updated state and local building codes are projected to save Americans $138 billion on utility bills and reduce CO2 emissions by 900 million metric tons by 2040, according to the DOE’s impact analysis.

Air Quality: Environmental Groups Petition 10^th Circuit for Review of EPA Rule Authorizing Colorado’s Ozone Standards
On July 10, 2023, environmental groups The Center for Biological Diversity and 350 Colorado filed a lawsuit against the Environmental Protection Agency (EPA) in the United States Court of Appeals for the Tenth Circuit. Center for Biological Diversity, et al. v. EPA, et al. The lawsuit petitions for the review of a final rule published by the EPA on May 9, 2023, effective June 8, 2023.  The rule authorizes the majority of Colorado’s ozone attainment plan.

Pipelines: Fourth Circuit Court of Appeals Rules in Favor of Halting Construction on the Mountain Valley Pipeline
On Monday, July 10, 2023, Chief Judge Roger Gregory of the U.S. Circuit Court of Appeals for the Fourth Circuit granted the petitioners motion for stay pending appeal. The Wilderness Society v. U.S. Forest Service, USCA4 Appeal: 23-1592. The Wilderness Society filed a motion to halt construction of the Mountain Valley Pipeline in the Jefferson National Forest, arguing that it would cause irreparable harm to the environment. The pipeline project has faced opposition due to violations of environmental standards and erosion control issues. The Forest Service has proposed amending the forest plan to accommodate the pipeline, which has been challenged in court. Despite the pending legal review, the Federal Energy Regulatory Commission has granted approval to restart construction.

Surface Owner Rights: West Virginia Northern District Court Grants Injunctive Relief Prohibiting Surface Owner from Interfering With Plugging of Well
On June 22, 2023, United States District Court for the Northern District of West Virginia granted defendants West Virginia Land Resources, Inc. (WVLR) and Marshall County Coal Resources, Inc.’s (MCCR) Motion for Preliminary Injunction. Wendt v. W. Va. Land Res., Inc. Case 5:23-cv-00196-JPB. The Motion was filed against Plaintiff Charles W. Wendt, seeking “injunctive relief prohibiting Wendt from interfering with the plugging of an oil and gas well pursuant to the West Virginia Abandoned Well Act.”  Wendt is the surface owner of the property at issue, MCCR owns the coal and mining rights.  The surface and subsurface rights were severed in a 1906 Severance Deed.  In February 2023, the West Virginia Department of Environmental Protection (WV DEP) issued WVLR, the operator of a well on the property, a permit to plug and abandon the well.  On May 25, 2023, Wendt denied WVLR and MCCR access to the land to plug the well.  At a June 12 evidentiary hearing Wendt did not offer testimony or provide additional evidence.  The court granted the injunction.  The court reasoned that MCCR and WVLR were likely to succeed on the merits, would suffer irreparable harm without injunctive relief, that “Wendt will not suffer harm and the balancing of the equities of the parties favors allowing WVLR/MCCR the right of entry and operations set forth herein,” and that granting relief is in the public interest.

 

CENTER PROGRAMS & RESOURCES

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.

July 28, 2023, noon–1 pm (ET). Understanding the Basics of USDA Commodity Programs. (Register)

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks

Burst of US LNG Activity Spotlights Ukraine War’s Impact [Energy Intel]

BP SETTLES US NATGAS MARKET MANIPULATION CASE FOR $10.75 MILLION [Natural Gas World]

Mexico Pacific inks long-term LNG supply deal with Zhejiang Energy [Offshore Energy]

U.S. Oil Boom Blunts OPEC’s Pricing Power [Wall Street Journal]

Court halts construction of Mountain Valley pipeline in forest [Politico]

Connect with us on Facebook.

Penn State Farmland Energy Legal Podcast: Listen to the latest episode here.

Oil & Gas Law & Policy Resources:

Fabiola Zerpa, Venezuela’s $2 Billion Gold Case in UK Sent Back to Lower Court (Jun. 30, 2023)

George Bibikos, At the Well Weekly (Jun. 30, 2023)

Tiffany Challe-Campiz, Sabin Center Releases Its Winter/Spring 2023 Semi-annual Report (Jul. 7, 2023)

Amy Stillman, Pemex Platform Explosion Leaves Two Dead, Impacts Output (Jul. 8, 2023)

Supriya Singh, Yamaha President Stresses Hydrogen as Clean Option for Future (Jul. 10, 2023)

Scott Daniel, FERC Doubles Down on Scrutiny of Investor Ties with Public Utilities (Jul. 10, 2023)

Devika Kumar, Oil Climbs as Shutdown in Libyan Field Adds to Supply Tightness (Jul. 12, 2023)

Kenneth Markowitz, This Week’s Climate Policy Update (Jul. 12, 2023)

Charles Sartain, Court of Appeals Rules on Texas PSA Well Permit (Jul. 12, 2023)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. DEPARTMENT OF ENERGY PRESS RELEASES

DOE Invests Over $23 Million to Reduce Carbon Emissions Across the United States (Jul. 10, 2023)

Biden-Harris Administration Announces $90 Million To Support Resilient and Efficient Building Energy Codes and Save American Families Money (Jul. 12, 2023)

U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES

$10 Million Grant Opportunity to Enhance Environmental Justice in New England Communities (Jul. 3, 2023)

EPA Announces Nearly $500,000 in Grant Funding for High-Risk Houston Communities (Jul. 10, 2023)

EPA Settles with Polypeptide Labs over Air Emissions, Hazardous Waste Claims (Jul. 11, 2023)

FEDERAL EXECUTIVE AGENCIES (Federal Register Jun. 7 – Jul. 13, 2023)

Environmental Protection Agency

88 FR 43347 Notice: “Environmental Impact Statements; Notice of Availability (Cumberland Project)” (Jul. 7, 2023)

88 FR 43562 Notice – Comment Period: “Draft National Pollutant Discharge Elimination System (NPDES) General Permit for the Eastern Portion of the Outer Continental Shelf (OCS) of the Gulf of Mexico (GEG460000); Availability of Draft National Environmental Policy (NEPA) Categorial Exclusion (CatX); Extension of Comment Period” (Jul. 10, 2023)

88 FR 44468 Rule: “Renewable Fuel Standard (RFS) Program: Standards for 2023-2025 and Other Changes” (Jul. 12, 2023)

88 FR 44220 Rule: “Phasedown of Hydrofluorocarbons: Adjustment to the Hydrofluorocarbon Production Baseline” (Jul. 12, 2023)

88 FR 44710 Rule: “Rescinding the Rule on Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process” (Jul. 13, 2023)

Federal Energy Regulatory Comission

88 FR 43334 Notice: “Pacific Gas and Electric Company; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests” (Jul. 7, 2023)

88 FR 43333 Notice: “Tennessee Gas Pipeline Company, LLC; Notice of Availability of the Final Environmental Impact Statement for the Proposed Cumberland Project” (Jul. 7, 2023)

88 FR 43560 Notice: “Combined Notice of Filings (Natural Gas & Oil Pipeline Report)” (Jul. 10, 2023)

88 FR 44125 Notice: “Records Governing Off-the-Record Communications; Public Notice” (Jul. 11, 2023)

88 FR 44124 Notice: “Pacific Gas and Electric Company; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests” (Jul. 11, 2023)

Energy Department

88 FR 44118 Notice: “President’s Council of Advisors on Science and Technology” (Jul. 11, 2023)

U.S. Army Corps of Engineers

88 FR 44293 Notice: “Board on Coastal Engineering Research” (Jul. 12, 2023)

National Resource Revenue Office

88 FR 42102 Notice: “Agency Information Collection Activities; Suspensions Pending Appeal and Bonding” (Jun. 29, 2023)

Susquehanna River Basin Commission

88 FR 44436 Notice: “Public Hearing” (Jul. 12, 2023)

88 FR 44435 Notice: “Projects Approved for Consumptive Uses of Water” (Jul. 12, 2023)

88 FR 44435 Notice: “Grandfathering (GF) Registration Notice” (Jul. 12, 2023)

Safety and Environmental Enforcement Bureau

88 FR 44834 Notice: “Agency Information Collection Activities; Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf” (Jul. 13, 2023)

Ocean Management Bureau

88 FR 44832 Notice: “Agency Information Collection Activities; Plans and Information”

U.S. HOUSE ENERGY AND COMMERCE COMMITTEE

H.R.3849 “Rural Energy Savings Act” Referred to the Subcommittee on Commodity Markets, Digital Assets, and Rural Development. (Jul. 10, 2023)

H.R.4576 “To amend the Clean Air Act to require the Administrator of the Environmental Protection Agency to make available for sale renewable fuel credits, and for other purposes.” Referred to the Committee on Energy and Commerce. (Jul. 12, 2023)

H.R.4592 “To establish a Federal program of cumulative impact assessments under the Clean Water Act and Clean Air Act, and for other purposes.” Referred to the Committee on Energy and Commerce. (Jul. 12, 2023)

U.S. SENATE ENERGY AND NATURAL RESOURCES COMMITTEE 

S.1622 “End Speculative Oil and Gas Leasing Act of 2023” Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held. (Jul. 12, 2023)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE 

PENNSYLVANIA DEPT. OF ENVIRONMENTAL PROTECTION PRESS RELEASES

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 27—Jul. 8, 2023)

Department of Envrionmental Protection

53 Pa.B. 3581 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”

Milk Marketing Board

53 Pa.B. 3679 Notice: “Sunshine Meetings for Fiscal Year 2023-2024”

SUSQUEHANNA RIVER BASIN COMMISSION

53 Pa.B. 3685 Notice: “Actions Taken at June Meeting”

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).

 

Written By:
Lonzie Helms, Research Assistant
Josh Narey, Research Assistant
Mary Johnson, Research Assistant
Jackie Schweichler, Staff Attorney