June 9, 2025
Shale Law Weekly Review—Week of June 9, 2025
Oil and Gas Leasing: BLM Directed to Reduce Lease Review Timeline to Six Months Under New Interior Directive ⚡
On May 13, 2025, the Bureau of Land Management (BLM) issued an Instruction Memorandum to streamline and accelerate the federal oil and gas leasing process. The memorandum directs BLM to hold lease sales within six months of parcel review initiation and to increase the availability of lands for leasing. The memorandum also emphasizes adherence to the Mineral Leasing Act and procedures for land use planning, NEPA compliance, and lease parcel evaluation. Lease sales will follow a structured timeline that includes public participation, environmental reviews, and protest periods. For more, see SLWR-May 12, 2025, “Public Lands: Department of Interior Announces Plans to Decrease Review Time for Energy Project Assessments.”
Environmental Impact Studies: Supreme Court Rules NEPA Does Not Require Upstream or Downstream Effects
On May 29, 2025, the Supreme Court ruled that an Environmental Impact Statement (EIS) need not consider the environmental impacts of a project separate from the project itself. Seven Cty. Infrastructure Coal. v. Eagle Cty., No. 23-975, 2025 U.S. LEXIS 2068 (May 29, 2025). The U.S. Surface and Transportation Board considered a proposal by seven Utah counties to construct a railroad that would connect the Unita Basin to crude oil refineries. The Board proposed an EIS, but the D.C. Court of Appeals rejected the EIS, for a failure to include upstream and downstream effects, such as the effect of increased oil refining on the environment. The Supreme Court reversed the rejection and remanded the case, reasoning that the National Environmental Policy Act (NEPA) is purely an informational statue and does not require any party preparing an EIS to consider upstream or downstream effects.
Pipelines: FERC Approves Louisiana LNG Pipeline
On May 23, 2025, the Federal Energy Regulatory Commission (FERC) authorized Venture Global (Venture) to construct a new liquified natural gas (LNG) pipeline in Louisiana. This comes after the US Court of Appeals for the District of Columbia reversed FERC’s 2024 approval, citing a lack of assessment of air quality in their Environmental Impact Statement (EIS). Venture then prepared another EIS, and FERC approved the project. The 91-mile pipeline, once completed, is expected to transport LNG from east Texas to refineries in Louisiana.
___________________________________________________
CENTER PROGRAMS & RESOURCES
Center Director Ross Pifer will present “An Overview of State Grain Dealer Statutes in the United States” as part of the National Agricultural Law Center’s webinar series.
- June 18 @ 12:00 pm – 1:00 pm. More Information and Registration Here
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
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
On Friday, July 25, 2025, from 12 noon–1:00 ET, 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:
Chen, Lent, Mallen, Markowitz, Mitchell, and Satterfield, Supreme Court Clarifies NEPA Scope in Seven County Decision, Distinguishes Sabal Trail (May 30, 2025)
Orts, Is There Really a Fiduciary Duty to Destroy the Climate? (June 1, 2025)
Lockman and Webb, Legacy Liabilities for Oil and Gas Wells under the Mineral Leasing Act: New Sabin Center Report (June 2, 2025)
Sartain, Texas Supreme Court Decides Who Must Produce to Maintain an Oil and Gas Lease (June 3, 2025)
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. DEPARTMENT OF ENERGY PRESS RELEASES
Secretary Wright Announces Termination of 24 Projects, Generating Over $3 Billion in Taxpayer Savings (May 30, 2025)
U.S. Department of Energy Issues 202(c) Emergency Order to Safeguard Electric Grid Reliability in PJM Interconnection (May 31, 2025)
ICYMI: Trump Administration Adds Two DOE Lithium Processing Projects to Federal Permitting Dashboard (June 3, 2025)
U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES
EPA fines Valero Wilmington Refinery for chemical safety violations (June 4, 2025)
EPA Completes Final Cleanup Actions at Reading Drum Site (June 5, 2025)
FEDERAL EXECUTIVE AGENCIES (Federal Register May 31 – June 6, 2025)
Environmental Protection Agency
90 FR 23527 Notice: “Proposed Re-Issuance of National Pollutant Discharge Elimination System General Permit for Wastewater Discharges Associated With Drinking Water Production Located in the EPA Region 8 Indian Country and Lands of Exclusive Federal Jurisdiction” (June 3, 2025)
90 FR 23932 Notice: “Proposed Information Collection Request; Comment Request; Air Emissions Reporting Requirements (Renewal)” (June 5, 2025)
Federal Energy Regulatory Commission
90 FR 23331 Notice: “Great Basin Gas Transmission Company; Notice of Scoping Period Requesting Comments on Environmental Issues for the Proposed 2026 Great Basin Expansion Project” (June 2, 2025)
90 FR 23678 Notice: “Pacific Gas and Electric Company; Notice of Application Ready for Environmental Analysis and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions” (June 4, 2025)
Energy Department
90 FR 23324 Notice: “Lake Charles LNG Export Company, LLC; Application for an Amendment To Extend the Commencement of Operations Deadline in Long-Term Authorizations To Export Liquefied Natural Gas” (June 2, 2025)
90 FR 23678 Notice: “Pacific Gas and Electric Company; Notice of Application Ready for Environmental Analysis and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions” (June 4, 2025)
U.S. Army Corps of Engineers
90 FR 23920 Notice: “Notice of Intent To Prepare a Draft Environmental Impact Statement for the Southwest Arkansas Red River Navigation Channel Extension” (June 5, 2025)
Land Management Bureau
90 FR 23507 Proposed Rule: “Rescission of the Management and Protection of the National Petroleum Reserve in Alaska Regulations” (June 3, 2025)
Natural Resources Revenue Office
Pipeline and Hazardous Materials Safety Administration
90 FR 23660 Proposed Rule: “Pipeline Safety: Mandatory Regulatory Reviews To Unleash American Energy and Improve Government Efficiency” (June 4, 2025)
90 FR 23656 Proposed Rule: “Hazardous Materials: Mandatory Regulatory Reviews To Unleash American Energy and Improve Government Efficiency” (June 4, 2025)
Indian Affairs Bureau
90 FR 23948 Notice: “HEARTH Act Approval of Jamul Indian Village of California, Amended Leasing Ordinance” (June 5, 2025)
Safety and Environmental Enforcement Bureau
90 FR 23948 Notice: “HEARTH Act Approval of Jamul Indian Village of California, Amended Leasing Ordinance” (June 5, 2025)
Surface Mining Reclamation and Enforcement Office
90 FR 23951 Notice: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Oil-Spill Response Requirements for Facilities Located Seaward of the Coastline” (June 5, 2025)
U.S. HOUSE ENERGY AND COMMERCE COMMITTEE
H.R.3742: To amend the Outer Continental Shelf Lands Act to support the responsible development of offshore renewable energy projects, establish the Offshore Power Administration, and for other purposes. (June 4, 2025)
H.R.3668: Improving Interagency Coordination for Pipeline Reviews Act (June 2, 2025)
U.S. SENATE ENERGY AND NATURAL RESOURCES COMMITTEE
PN246-15 — Laura Swett — Federal Energy Regulatory Commission (June 2, 2025)
S.1945: A bill to prohibit States and local governments from prohibiting or limiting the connection, reconnection, modification, installation, transportation, distribution, or expansion of an energy service based on the type or source of energy to be delivered, and for other purposes. (June 4, 2025)
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA DEPT. OF ENVIRONMENTAL PROTECTION PRESS RELEASES
Public Requested Hearing: DEP to Host Public Meeting and Hearing for Modification for Liberty Soils Biosolids Management Facility (June 1, 2025)
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 55, No. 20 – May 17, 2025)
Department of Environmental Protection
Proposed State Plan for 40 CFR Part 60, Subpart OOOOc Emissions Guidelines for Greenhouse Gas Emissions from Existing Crude Oil and Natural Gas Facilities; Public Comment Opportunity (May 31, 2025)
Written by:
Benjamin Aronovitch, Research Assistant
Caden Dean-Sauter, Research Assistant
Jackie Schweichler, Staff Attorney
