Shale Law Weekly Review—Week of July 18, 2022

Hydraulic Fracturing : Conservation Group Files Lawsuit Against EPA Over Colorado Permit Requirements ⚡
On July 12, 2022, the Center for Biological Diversity filed a petition in the U.S. Court of Appeals for the Tenth Circuit, asking the court to review the EPA’s final action approving the state of Colorado’s permit program requirements. Ctr. for Biological Diversity v. EPA. The final action was published in the Federal Register May 13, 2022. The Center said in a statement that the lawsuit was intended to force the EPA to close a “loophole that allows unlimited air pollution” from drilling and hydraulic fracturing.

Pipelines: PHMSA Suspends Enforcement Actions Against Certain Type C Pipelines
On July 8, 2022, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a news release, announcing it would refrain from enforcing its November 15, 2021 final rule against Type C onshore gas gathering pipelines with certain measurements until May 17, 2024. The final rule was initially challenged by GPA Midstream Association (GPA), and the suspension of enforcement is a result of a settlement between GPA and PHMSA in which GPA agreed to suspend its legal challenge in exchange for a suspension of enforcement. The parties filed a joint motion in the U.S. Court of Appeals for the D.C. Circuit to this end on June 16, 2022, and the motion was granted on June 27, 2022.

Pipelines: BLM Releases Draft Environmental Impact Statement for Willow Project
On July 8, 2022, the Bureau of Land Management released its Draft Supplemental Environmental Impact Statement (EIS) of ConocoPhillips Alaska, Inc.’s proposed Alaska project, also termed the Willow Project. According to BLM in its press release and the EIS proper, the EIS was prepared to “address deficiencies identified by the U.S. District Court for the District of Alaska” in a prior decision striking down approval of the Willow project. BLM will accept comments on the EIS until August 29, 2022, and will later announce scheduled public meetings and hearings.

Municipal Regulation: DC Net-Zero Energy Bill Passes Council
On July 12, 2022, the Council of the District of Columbia passed a four-page bill which would require the Mayor to adopt a net-zero energy standard for all new buildings by December 31, 2026. The bill’s definition of a net-zero energy building includes a requirement for the building to obtain its energy solely from renewable energy, with an exception allowing for fossil fuels as backup power sources for public health and safety buildings. The bill now heads to Mayor Muriel Bowser for her review and signature.

Oil & Gas Law & Policy Resources:

Bibikos, At the Well Weekly: Summertime Summaries (July 8, 2022)

Sartain & Lawhorn, Court Find Declaratory Judgement Action, Not Trespass to Try Title (July 15, 2022)

Frommer, et al, California Climate Disclosure Legislation Clears Critical Hurdles (July 13, 2022)

Hesselman, GUEST COMMENTARY: A NEW FRONTIER IN (DUTCH) CLIMATE LITIGATION: GREENWASHING ADVERTISEMENTS ON CO2 COMPENSATION (July 12, 2022)

Bloomberg, Big Oil Is Poised to Report Blockbuster Refining Earnings (July 15, 2022)

Bloomberg, Oil Set to End Volatile Week Below $100 on Slowdown Concerns (July 15, 2022)

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks July 8, 2022-July 15, 2022:

Germany due to connect coal power plants to grid to save gas – sources (Reuters)

Court says FERC can consider gas exports for some pipelines (E&E News)

Alaska in Gas Talks with Hilcorp, ConocoPhillips on LNG Plan (Bloomberg)

Texas Oil, Natural Gas Drilling Permits Jump in Haynesville, Permian (NGI)

Administration weighs options for Alaska drilling project that would produce 629M barrels of oil (The Hill)

Connect with us on Facebook.  Every week we post the CASL Ledger detailing our publications and activities from the week. 

Penn State Shale Law Podcast: Listen to the latest episode here.

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. DEPARTMENT OF ENERGY

Biden-Harris Administration Announces $40 Million to Lower Utility Costs for American Families (July 8, 2022)

DOE Announces Contract Awards for Additional Crude Oil Sales From the Strategic Petroleum Reserve (July 11, 2022)

DOE Participates in First-Ever Meeting of Quad Energy Ministers (July 13, 2022)

Biden-Harris Administration Announces $56 Million to Advance U.S. Solar Manufacturing and Lower Energy Costs (July 14, 2022)

DOE Announces $18 Million to Streamline Commercialization of Clean Energy Technologies (July 14, 2022)

United States-Singapore Joint Ministerial Statement on Energy Cooperation (July 14, 2022)

FEDERAL EXECUTIVE AGENCIES (Federal Register July 8 – July 15, 2022):

Environmental Protection Agency

87 FR 42461: Notice: “Environmental Impact Statements; Notice of Availability” (July 15, 2022).

Susquehanna River Basin Commission

87 FR 41378: Notice: “Projects Approved for Consumptive Uses of Water” (July 12, 2022).

Ocean Energy Management Bureau

87 FR 41288: Notice: “Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico” (July 12, 2022)

87 FR 41670: Notice: “Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico” (July 13, 2022).

87 FR 41671: Notice: “Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico” (July 13, 2022)

Other Agencies

87 FR 42503: Notice: “Affirmative Decisions on Petitions for Modification Granted in Whole or in Part” (July 15, 2022).

U.S. HOUSE ENERGY AND COMMERCE COMMITTEE

H.R.8337 “To require the Secretary of Energy to carry out a carbon sequestration research initiative, and for other purposes.” (July 12, 2022).

H.R.8336 “To amend the Clean Air Act to provide for the establishment of standards to limit the carbon intensity of the fuel used by certain vessels, and for other purposes.” (July 12, 2022).

U.S. SENATE ENERGY AND NATURAL RESOURCES COMMITTEE

S.4515 “A bill to require the Secretary of Energy to stipulate, as a condition on the sale at auction of any crude oil from the Strategic Petroleum Reserve, that the crude oil not be exported to certain countries, and for other purposes.” (July 13, 2022).

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPT. OF ENVIRONMENTAL PROTECTION PRESS RELEASES

DEP Demonstrates Oil Recovery System that Reduces Pollution to the Susquehanna River (July 14, 2022).

ADVISORY – BERWICK – THURSDAY – DEP to Demonstrate Oil Recovery System at Berwick Seep HSCA Site (July 13, 2022).

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 52, No. 29- July 16, 2022)

SUSQUEHANNA RIVER BASIN COMMISSION

87 FR 41378: Notice: “Projects Approved for Consumptive Uses of Water” (July 12, 2022).

 

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