Shale Law Weekly Review – Week of June 7, 2021

Pipelines: FERC Approves Gulf Run Pipeline in Louisiana ⚡
On June 1, 2021, the Federal Energy and Regulatory Commission (FERC) issued an order approving the February 2020 application of Enable Midstream Partners, LP (Enable) subsidiary Enable Gulf Run Transmission, LLC, to build and operate its 134-mile Gulf Run Pipeline.  The project will take shale gas to the company’s Red River Parish Westdale compressor station and from there to Starks, Louisiana (Nos. CP20-68 and CP20-70).  According to an announcement from Enable, the pipeline is expected to be finished and in operation by the end of 2022.

Pipelines: Federal Court Allows Keystone XL Pipeline Case to Move Forward
On May 28, 2021, the U.S. District Court for the District of Montana issued an order finding that a case challenging former President Trump’s issuance of a Presidential Permit to construct and operate the Keystone XL pipeline was not rendered moot by President Biden’s January 2021 executive order retracting the permit (E.O. 13990) (86 FR 7037). Indigenous Environmental Network v. Trump, No. 4:19-cv-00028.  The court found that while President Biden’s executive order stopped the activity in question, it did not address the legality of the 2019 permit and only stated that the permit “disserved the U.S. national interest.”  Thus, the court determined that “the possibility remains that he, or a future president, could issue unilaterally another permit,” and as such, the case presented a live controversy ripe for adjudication.  The court stated that it “will issue an order on . . . summary judgment in due course.”  For background, see SLWR—January 25, 2021, “President Biden Signs Executive Order Revoking Keystone XL Pipeline Permit and Changing National Monument Boundaries” and Shale Law in the Spotlight: President Biden Issues Major Executive Order Addressing Climate Change and Environment, February 2, 2021.

Pipelines: FERC Issues Phase II Notice to Proceed for Adelphia Gateway Pipeline
On May 27, 2021, the Federal Energy and Regulatory Commission (FERC) issued a notice allowing Adelphia Gateway, LLC (Adelphia) to continue to Phase II of its pipeline project in Delaware County, Pennsylvania.  FERC’s notice was issued in response to Adelphia’s March 30, 2021 request and the Pennsylvania Department of Environmental Protection (DEP) permit approval (No. CP18-46-001).  Also announced by the Adelphia, the company states that it anticipates placing several facilities in operation to service the Philadelphia area by the end of 2021.

Shale Law/Policy Resources of Interest :

Charles Sartain, Texas Supreme Court Rules on Correction Deeds in a Case of First Impression (June 2, 2021).

Matteo Fermeglia, Catherine Higham, Korey Silverman-Roati, and Joana Setzer, ‘Investor-State Dispute Settlement’ as a New Avenue for Climate Change Litigation (June 2, 2021).

Lea Aurer, Guest Commentary: An Assessment of the Hague District Court’s Decision in Milieudefensie et al. v. Royal Dutch Shell PLC (May 28, 2021).

AGENCY PRESS RELEASES – STATE/FEDERAL

Pennsylvania Department of Environmental Protection

DEP Collects $175,000 from Olympus Energy for Erosion and Sedimentation Violations in Allegheny County (June 1, 2021).

U.S. Department of Energy

DOE Awards $9.5 Million to Support Clean Energy Innovation and Commercialization Across America (June 4, 2021).

DOE Announces Nearly $4 Million To Enhance the Safety and Security of CO2 Storage (May 28, 2021).

Joint Statement of the United States and France Energy Ministers on Energy Technology and Policy Resolve (May 28, 2021).

U.S. Environmental Protection Agency

EPA Announces $388M WIFIA Loan for Water Reuse in San Diego County, California (June 4, 2021).

EPA Will Help Wyandotte Nation, Tulsa’s Restoration Collective Revitalize Neighborhoods by Developing Local Food Systems (June 3, 2021).

NFWF’s Chesapeake Bay Stewardship Fund Awards $9.6 Million in Grants to Benefit the Bay Watershed (June 3, 2021).

EPA Provides $7.25 Million for ‘Most Effective’ Cleanup Actions in Chesapeake Bay Watershed (May 27, 2021).

STATE ACTIONS—EXECUTIVE/LEGISLATIVE

Pennsylvania Executive Agencies—Actions and Notices (Pa. Bulletin Vol. 51, No. 23—June 5, 2021)

No relevant actions. 

Pennsylvania Legislature

HB 1555 “An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, providing for community solar facilities.” Referred to Consumer Affairs [House] (June 3, 2021).

HB 1531 “An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, in restructuring of electric utility industry, providing for requisite procurement [Requires utilities to provide a percentage of energy from cleaner sources, increases yearly].” Referred to Consumer Affairs [House] (June 3, 2021).

SB 28 “An Act providing for the administration of permits by State agencies, for a tracking system for permit applications, for the establishment of permit programs, for third-party review of permit decision delays and for annual reports.” Referred to Environmental Resources and Energy [House] (June 1, 2021).

Public hearing on Pennsylvania CO2 and Climate. Held by the Environmental Resources & Energy Committee (June 22, 2021, 9:00 a.m.).

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

Federal Executive Agencies (Federal Register June 1–4, 2021):

Environmental Protection Agency

86 FR 29541 Notice—Comment Period: “Notice of Intention to Reconsider and Revise the Clean Water Act Section 401 Certification Rule” (June 2, 2021).

Federal Energy Regulatory Commission

86 FR 30038 Notice: “WBI Energy Transmission, Inc.; Notice Denying Late Intervention” (June 4, 2021).

86 FR 30036 Notice: “Combined Notice of Filings [Natural Gas Pipeline Rate and Refund Report filings]” (June 4, 2021).

86 FR 29760 Notice: “Enable Gas Transmission, LLC; Notice of Request Under Blanket Authorization and Establishing Intervention and Protest Deadline” (June 3, 2021).

86 FR 29763 Notice: “Dominion Energy Overthrust Pipeline, LLC; Notice of Request Under Blanket Authorization and Establishing Intervention and Protest Deadline” (June 3, 2021).

86 FR 29762 Notice: “Pacific Gas and Electric Company; The City of Santa Clara; Notice of Meeting” (June 3, 2021).

86 FR 29761 Notice: “Adelphia Gateway, LLC; Notice of Intent to Prepare an Environmental Impact Statement for the Proposed Marcus Hook Electric Compression Project and Schedule for Environmental Review” (June 3, 2021).

86 FR 29766 Notice: “Columbia Gulf Transmission, LLC; Notice of Intent to Prepare an Environmental Impact Statement for the Proposed; East Lateral Xpress Project and Schedule for Environmental Review” (June 3, 2021).

86 FR 29769 Notice: “Iroquois Gas Transmission System, L.P.; Notice of Intent to Prepare an Environmental Impact Statement for the Proposed Enhancement by Compression Project and Schedule for Environmental Review” (June 3, 2021).

86 FR 29768 Notice: “North Baja Pipeline, LLC; Notice of Intent to Prepare an Environmental Impact Statement for the Proposed North Baja Xpress Project and Schedule for Environmental Review” (June 3, 2021).

86 FR 29759 Notice: “Tennessee Gas Pipeline Company, L.L.C.; Notice of Intent to Prepare an Environmental Impact Statement for the Proposed East 300 Upgrade Project and Schedule for Environmental Review” (June 3, 2021).

86 FR 29770 Notice: “Combined Notice of Filings [Natural Gas Pipeline Rate and Refund Report Filings]” (June 3, 2021).

86 FR 29572 Notice: “Occidental Permian Ltd., OXY USA WTP LP v. El Paso Natural Gas Company, LLC; Notice of Complaint” (June 2, 2021)

86 FR 29572 Notice: “Combined Notice of Filings [Natural Gas Pipeline Rate and Refund Report Filings]” (June 2, 2021).

86 FR 29764 Notice: “Shell Chemical Appalachia LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization” (June 3, 2021).

86 FR 29503 Final Rule: “Interstate and Intrastate Natural Gas Pipelines; Rate Changes Relating to Federal Income Tax Rate American Forest & Paper Association” (June 2, 2021).

86 FR 29255 Notice: “Combined Notice of Filings [Natural Gas Pipeline Rate and Refund Report Filings]” (June 1, 2021).

86 FR 29257 Notice: “City of Seattle, Washington; Notice of Availability of Environmental Assessment” (June 1, 2021).

House Energy and Commerce Committee Actions:

H.R.3717 “To require the Secretary of Energy to establish a program to provide grants to improve power lines.” Referred to the House Committee on Energy and Commerce (June 4, 2021).

H.R.457 “Expressing that the United States must establish electricity as a basic human right and public good, and eradicate the reliance on monopolized, profit-driven utility corporations and providers and the flawed regulatory regime that has failed to regulate these utilities in the public interest.” Referred to the House Committee on Energy and Commerce (June 4, 2021).

Senate Energy and Natural Resources Committee:

No relevant actions June 1–4, 2021.

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks June 1–4, 2021:

Fighting Climate Change Means Taking Laughing Gas Seriously, Knowable Magazine

Granholm on Pipelines: ‘We Want to Build More’, EnergyWire

After Colonial Attack, Energy Companies Rush to Secure Cyber Insurance, Reuters

NYC Lawmakers Aim to Block Natural Gas Use in New Buildings, Major Renovations, S&P Global Platts

MBA Graduates Take on a Green Hue as Fewer Choose Fossil Fuel Careers, Financial Times

Pennsylvania Reports Resurgence in Natural Gas Prices, Production in Early 2021, Natural Gas Intelligence

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Written by:
Audry Thompson, Research Assistant
Jackie Schweichler, Staff Attorney
Noah Gochnauer, Research Assistant