March 10, 2025
Shale Law Weekly Review—Week of March 10, 2025
Pipelines: Michigan Court of Appeals Upholds Permit for Enbridge’s Relocation of Line 5 ⚡
On February 19, 2025, the Michigan Court of Appeals upheld the conditional approval for Enbridge Energy Limited Partnership (“Enbridge”) to relocate its “Line 5” pipeline to a tunnel underneath the Straits of Mackinac in a consolidated appeal opinion. In Re Application Of Enbridge Energy To Replace & Relocate Line 5, Docket No. 369156 (Mich. Ct. App. Dec 21, 2023). Numerous groups, including Little Traverse Bay Bands of Odawa Indians and Michigan Environmental Council, appealed the Line 5 conditional approval in separate dockets. The groups/appellants argued that the Michigan Public Service Commission (“PSC”) erred by failing to consider the public need for “Line 5 as a whole,” used “improper comparisons for its analysis under the Michigan Protection Act,” and failed to properly evaluate greenhouse-gas emissions impacts. The court affirmed the approval for Line 5, finding that there was no basis for reversal. The court determined that the PSC’s decision under MEPA was adequately supported by law because the PSC showed that “using rail as transport would produce significantly more GHGs, for the same amount of product, than using Line 5 was a whole for transport.” The court also found that the PSC’s analysis on greenhouse gas emission impacts was not an issue that could be raised for relief by the intervenors Environmental Law & Policy Center and Michigan Climate Action Network.
Oil and Gas Leasing: Oil and Gas Lease Sales Announced by Bureau of Land Management for New Mexico, Montana, and North Dakota
On February 24, 2025, the Bureau of Land Management (BLM) announced the sale of three oil and gas leases in New Mexico. The three parcels total 1,261 acres, and the sale will start in May of this year. After a lease is sold, the purchaser must obtain an application to develop the land, including how and where drilling will occur. If it is determined that the plan adheres to federal regulations and protections, the permit will be issued, and development can begin.
Several days later, on February 28, 2025, the Bureau of Land Management published an announcement titled, “BLM announces April 2025 oil and gas lease sale in Montana and North Dakota,” announcing new oil and gas lease sales in Montana and North Dakota. The sales will take place April 29, 2025, and will total 4,266 acres of land divided into eleven parcels.
State Regulation: VA General Assembly Votes to Increase State Energy Storage
On February 20, 2025, the Virginia General Assembly passed HB2537 (PDF) increasing the state’s targets for energy storage capacity. The legislation will require the state’s two largest electric utilities, Appalachian Power and Dominion Energy, to petition the state for approval to construct or acquire the necessary infrastructure to increase both their short-duration and long-duration energy storage capacity. The two utilities are expected to meet their codified targets by 2045. However, the long-duration target provisions are subject to change based on a mandated analysis of storage technology and resources by the State Corporation Commission to determine if the targets are “reasonably achievable.” The bill also requires a collaboration of state agencies to create model local ordinances to regulate the storage projects, and to engage with PJM to review market conditions as they relate to storage resources. The bill is now awaiting approval, veto or amendment by Virginia Governor Glenn Youngkin. This legislation comes after the December 2024 Joint Legislative Audit and Review Commission report finding that the exponential increase of data centers in Virginia could lead to a 183% increase in state electricity consumption by 2040.
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CENTER PROGRAMS & RESOURCES
Understanding Agricultural Law Series. A free monthly Zoom webinar series for agricultural and rural business advisors. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. All events on Fridays, noon–1 pm (ET). Upcoming:
- February 28, 2025, Understanding the Basics of Pesticide Drift
- March 28, 2025, Understanding the Basics of the Clean Water Act & Ag: Impaired Waters & TMDL Process
- April 25, 2025, Understanding the Basics of PA Ag Exemptions for Inheritance Tax and Other Real Estate Transfers
Microgreens Production: Potential Legal Issues – Center Staff Attorney Brook Duer will present the webinar “Microgreens Production: Potential Legal Issues,” hosted by Penn State Extension.
- March 27. 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:
Bloomberg, Aramco Cuts World’s Biggest Dividend in Blow to Saudi Budget (March 4, 2025)
Guarna, Robele, Environmental Justice Is under Attack: We Need Local Advocacy Power Tools (March 6, 2025)
Sartain, NPRI Plaintiff Survives Affirmative Defenses (March 4, 2025)
Balounova, The Czech Climate Case: Uncertainty after the Case’s Dismissal (March 6, 2025)
Bloomberg, Oil Climbs as Traders Weigh Ukraine Outlook Ahead of Tariffs (March 3, 2025)
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. DEPARTMENT OF ENERGY PRESS RELEASES
Secretaries Wright & Burgum to Deliver Remarks at Louisiana LNG Export Facility (March 5, 2025)
DOE Issues Export Approval to Golden Pass LNG, Accelerating President Trump’s Pledge to Restore American Energy Dominance (March 5, 2025)
U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES
ICYMI: Administrator Zeldin: “The Golden Age of American Success is Upon Us” (March 5, 2025)
FEDERAL EXECUTIVE AGENCIES (Federal Register February 14 – 20, 2025)
Environmental Protection Agency
90 FR 11218 Rule: “Deletion From the National Priorities List” (March 5, 2025)
Federal Energy Regulatory Commission
90 FR 11166 Notice: “Southern Star Central Gas Pipeline, Inc.; Notice of Request for Extension of Time” (March 4, 2025)
Other Agencies
90 FR 11202 Notice: “New Caledonia Gas Plant Environmental Impact Statement” (March 4, 2025) – Tennessee Valley Authority
U.S. HOUSE ENERGY AND COMMERCE COMMITTEE
H.J.Res.35 “Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions”.” (March 4, 2025 – Presented to President)
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 55, No. 9 – March 1, 2025)
Department of Environmental Protection
55 Pa.B. 1800 “Applications, Actions and Special Notices” (March 1, 2025)
Written by:
Jasmine Gunning, Research Assistant
Dillon Lightfoot, Research Assistant
Riley Amdor, Research Assistant
Caden Dean-Sauter, Research Assistant
Victoria Dutterer, Research Assistant
Jose Rojas, Research Assistant
Jackie Schweichler, Staff Attorney
