June 23, 2025
Shale Law Weekly Review—Week of June 23, 2025
Environmental Impact Studies: Supreme Court Clarifies Scope of Environmental Review Under NEPA ⚡
On May 29, 2025, the Supreme Court ruled in Seven County Infrastructure Coalition v. Eagle County that environmental impact statements (EIS) under the National Environmental Policy Act (NEPA) do not need “to consider the environmental effects of upstream and downstream projects that are separate in time or place from the Uinta Basin Railway.” Seven County Infrastructure Coalition v. Eagle County, 605 U.S. ___ (2025). The case regarded a proposed 88-mile railroad in Utah and whether the EIS must consider the environmental effects of new oil drilling and refining. The Court overturned the D.C. Circuit decision unanimously, reasoning that NEPA is a procedural statute, and courts give “substantial deference” to agency decisions on the scope of an EIS. The ruling clarifies that agencies are not required to consider environmental effects of separate projects individually, but are nonetheless required to include indirect and reasonably foreseeable environmental effects of the project itself.
Oil and Gas Leasing: Bureau of Land Management Announces Three Parcels Leased in New Mexico
On May 22, 2025, the Bureau of Land Management (BLM), New Mexico State Office announced that three parcels totaling 1,262 acres have been leased to independent energy companies to begin production of oil and gas. The BLM states that the sale aligns with the White House’s Executive Order 14154, “Unleashing American Energy,” which requires exploration and development of energy resources on “federal lands and waters.” The leases will remain in effect for 10 years and can be extended past that period if oil or gas is produced in paying quantities.
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CENTER PROGRAMS & RESOURCES
Center Staff Attorney Brook Duer will present “Pennsylvania Right to Farm Laws” as part of Penn State Extension’s Conservation Cornerstone series.
- June 24 @ 8:30 am – 9:30 am. More Information and Registration Here
Understanding Pennsylvania’s Clean & Green Program: County-Level Administration
The Penn State Center for Agricultural and Shale Law alongside the Pennsylvania Department of Agriculture’s (PDA) Agricultural Business Development Center (ABDC), will present the next webinar in the Understanding Agricultural Law Educational Series.
- June 27 @ 12:00 pm – 1:00 pm. More Information and Registration Here
July 2025 Quarterly Dairy Legal Webinar
The Penn State Center for Agricultural and Shale Law will conduct the latest installment in its Quarterly Dairy Legal Webinar Series. Each quarter’s free one-hour webinar covers the legal and regulatory developments in the U.S. dairy industry from the preceding quarter and includes an in-depth look at a single focus topic of law, regulation, or government policy of interest to dairy professionals of all kinds.
- July 15 @ 12:00 pm – 1:00 pm. More Information and Registration Here
Understanding the Basics of ADA Compliance for Agritourism Operations
The Penn State Center for Agricultural and Shale Law, alongside the Pennsylvania Department of Agriculture’s (PDA) Agricultural Business Development Center (ABDC), will present the next webinar in the Understanding Agricultural Law Educational Series:
“Understanding the Basics of Americans with Disabilities Act (ADA) Compliance for Agritourism Operations”
- July 25 @ 12:00 pm – 1:00 pm. More Information and Registration Here
Follow us on Twitter @AgShaleLaw to see the latest with our #ShaleLaw HotLinks
Connect with us on Facebook.
Penn State Farmland Energy Legal Podcast: Listen to the latest episode here.
Oil & Gas Law & Policy Resources:
Tigre, New Book on Brazil and Climate Justice Explores the Frontiers of Climate Litigation in the Global South (June 16, 2025)
Bonnemann and Tigre, What Lliuya v. RWE Means for Climate Change Loss and Damage Claims (June 19, 2025)
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. DEPARTMENT OF ENERGY PRESS RELEASES
Energy Secretary Wright Testifies Before Senate Energy and Natural Resources Committee on FY2026 Budget Request (June 18, 2025)
Energy Department Announces New Pathway to Test Advanced Reactors (June 18, 2025)
U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES
EPA Southeast leaders visited Oak Ridge Reservation NPL Site and signed a Record of Decision (June 18, 2025)
FEDERAL EXECUTIVE AGENCIES (Federal Register June 16 – 23, 2025)
Environmental Protection Agency
90 FR 25752 Proposed Rule: “Repeal of Greenhouse Gas Emissions Standards for Fossil Fuel-Fired Electric Generating Units (June 17, 2025)
90 FR 25547 Proposed Rule: “Texas Underground Injection Control (UIC) Program; Class VI Primacy” (June 17, 2025)
90 FR 25535 Proposed Rule: “National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units” (June 17, 2025)
90 FR 25784 Proposed Rule: “Renewable Fuel Standard (RFS) Program: Standards for 2026 and 2027, Partial Waiver of 2025 Cellulosic Biofuel Volume Requirement, and Other Changes” (June 17, 2025)
Federal Energy Regulatory Commission
90 FR 25611 Notice: “Pacific Gas & Electric Company; Notice of Intent To Prepare an Environmental Assessment” (June 17, 2025)
90 FR 26285 Notice: “Referrals for Potential Criminal Enforcement; Guidance” (June 20, 2025)
Energy Department
90 FR 25253 Notice: “Application for Authorization To Export Electric Energy; Halia Energy LLC” (June 16, 2025)
90 FR 26045 Notice: “National Coal Council” (June 18, 2025)
U.S. Army Corps of Engineers
90 FR 26100 Notice: “Proposal To Reissue and Modify Nationwide Permits” (June 18, 2025)
90 FR 26276 Notice: “Withdrawal of Notice of Intent (NOI) To Prepare a Draft Environmental Impact Statement for the Kennecott Tailings Impoundment Expansion Project in Salt Lake County, Utah” (June 20, 2025)
Pipeline and Hazardous Materials Safety Administration
90 FR 26085 Notice: “Pipeline Safety: Recission of Advisory Bulletin on Section 114 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020” (June 18, 2025)
Safety and Environmental Enforcement Bureau
90 FR 26326 Notice: “Notice of Proposed Transfer of Pipelines” (June 20, 2025)
Ocean Energy Management Bureau
90 FR 25369 Notice: “Commercial Leasing for Outer Continental Shelf Minerals Offshore American Samoa-Request for Information and Interest” (June 16, 2025)
U.S. HOUSE ENERGY AND COMMERCE COMMITTEE
H.R.4025 “To direct the Secretary of Energy to establish an initiative to provide grants to fund the development of resilient energy systems in remote communities, island communities, and Tribal communities, and for other purposes.” (June 17, 2025).
U.S. SENATE ENERGY AND NATURAL RESOURCES COMMITTEE
S.154 “Colorado River Basin System Conservation Extension Act.” Passed Senate (June 18, 2025).
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA DEPT. OF ENVIRONMENTAL PROTECTION PRESS RELEASES
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 55, No. 25 – June 21, 2025)
Department of Environmental Protection
55 Pa.B. 4195 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”
Written by:
Benjamin Aronovitch, Research Assistant
Caden Dean-Sauter, Research Assistant
Jackie Schweichler, Staff Attorney
