March 3, 2025

Shale Law Weekly Review—Week of March 3, 2025

Water Quality: EPA Approves Class VI Primacy Application for West Virginia ⚡
On February 18, 2025, the Environmental Protection Agency (EPA) announced their approval of West Virginia’s Class VI primacy application for injecting CO2 into “deep rock formations.” The EPA approved the application under the Safe Drinking Water Act, finding that West Virginia is “best positioned to protect underground sources of drinking water while bolstering energy independence and dominance.” According to the announcement, West Virginia is the fourth state to receive Class VI primacy since 2018. Additionally, the announcement stated that the EPA Administrator will begin “fast-track[ing]” Class VI primacy under the Safe Drinking Water Act.

LNG Exports: Louisiana Project Gains Conditional Approval from Department of Energy
On February 14, 2025, the Department of Energy conditionally granted authorization for a liquified natural gas (LNG) export project in Louisiana. This comes after a January 20, 2025 order resuming the review of LNG applications, ending a previous pause on all LNG exporting permits to non-free trade agreement (FTA) countries. The Louisiana project is a 393-acre site, which will receive LNG through a 3.04 mile long pipeline, connecting the facility to existing intra- and interstate pipelines. Once constructed, the facility will be authorized to export LNG to any country with which the United States does not have an FTA. However, the project is conditional to any on-going compliance with mitigative measures imposed by federal or state agencies.

GHG Emissions: SEC Rolling Back Climate Risk and Emissions Disclosure Rule
On February 11, 2025, Mark Uyeda, the Acting Chairman of the Securities and Exchange Commission (SEC), released a statement signaling the agency’s intention to roll back its own climate disclosure rule promulgated in March of last year. The rule, titled The Enhancement and Standardization of Climate-Related Disclosures for Investors, requires publicly traded companies to disclose to potential investors their climate risks and related adopted mitigation or adaptation activities, levels of greenhouse gas emissions, climate related goals, and any expenditures or losses incurred from severe weather events, carbon credits, and renewable energy credits. Citing the major questions doctrine and concerns that the SEC exceeded its statutory authority in promulgating it, the rule has been challenged in a number of lawsuits, which have been consolidated in the ongoing case of Iowa v. SEC, No. 24-1522 (8th Cir.). The Chairman’s statement said that the agency will pause its defense of the rule in the ongoing litigation, as the changed composition of Commissioners has resulted in a majority of which who originally voted against the rule. The statement also cited the January 20, 2025 Regulatory Freeze as necessary reason for the pause. The statement was filed in a letter to the court on the same day of its release. For more background on the rule at issue, see SLWR—March 18 2024 “GHG Emissions: SEC Adopts New Climate Risk and Emissions Disclosure Rule” and ALWR—April 15, 2024 “Air Quality: SEC Delays ‘Climate-Related Disclosures for Investors’ Final Rule.” 

National Energy Policy: White House Creates New National Energy Dominance Council
On February 14, 2025, the White House released a fact sheet describing the National Energy Dominance Council, which was created by President Trump on the same day (EO 14213, “Establishing the National Energy Dominance Council). The White House states that the Council will be housed within the Executive Office of the President, the Secretary of Interior will be the chair, the Secretary of Energy will be vice-chair, and members of the cabinet and other “key government agencies” will make up the remainder of the council. The White House also states that the council will “advise President Trump on strategies to achieve energy dominance by improving the processes for permitting, production, generation, distribution, regulation, and transportation across all forms of American energy.” The Council will focus on lowering prices and strengthening American economic security by “championing domestic energy production,” and “restoring American Energy dominance.”

National Energy Policy: President Issues Executive Order Requiring Review of Actions Taken by Executive Agencies
On February 18, 2024, the White House issued and published in the Federal Register Executive Order 14215 (EO) titled “Ensuring Accountability for All Agencies,” stating a policy of “Presidential supervision and control” of actions taken by executive agencies. The EO requires each executive department and agency to submit all proposed and final regulatory actions considered to be significant to the Office of Information and Regulatory Affairs (OIRA) for review prior to publication in the Federal Register. The OIRA is located within the Executive Office of the President. The EO does not define what makes an agency action significant for the purposes of this EO.  Additionally, the EO states that legal interpretations held by the President and the Attorney General (AG) are controlling on all executive level employees. Advancements of legal interpretations that conflict the President or AG are prohibited. This restriction applies to interpretations of the law, the issuance of regulations, and positions in litigation.

 

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CENTER PROGRAMS & RESOURCES

Compliance with new Federal and State Business Entity Informational Filing Requirements – Center Staff Attorney Brook Duer will present “Compliance with new Federal and State Business Entity Informational Filing Requirements,” hosted by the Pennsylvania Small Business Development Center Agricultural Center of Excellence.

Landowner Liability for Forest Owners – Penn State Extension and the James C. Finley Center for Private Forests at Penn State will host the Forest Health, Insect, and Disease Briefing & Forest Landowners Conference in-person at the Penn Stater Hotel and Conference Center in State College, Pennsylvania.

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:

The Legal Hour: Vehicles for Forest Land Ownership and Succession – Center Staff Attorney Brook Duer will present “The Legal Hour: Vehicles for Forest Land Ownership and Succession,” the fourth session of a five-part webinar series titled “Land Succession and Estate Planning for Forest Owners,” presented through Penn State Extension.

Microgreens Production: Potential Legal Issues – Center Staff Attorney Brook Duer will present the webinar “Microgreens Production: Potential Legal Issues,” hosted by Penn State Extension.

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, Oil Rises as Iran Sanctions, Trump Tariff Comments Rattle Market (February 25, 2025)

Nishikawa, Ichihara, Climate Litigation in Japan: What to Expect in 2025 (February 27, 2025)

Bloomberg, bp to invest $10b annually in hydrocarbons in strategy reset (February 26, 2025)

Sartain, Ratifications, Stipulations, and Fixed vs. Floating Royalty Interests (February 26, 2025)

Bloomberg, UK Climate Adviser’s Plan Clears Path for Heathrow Growth (February 26, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. DEPARTMENT OF ENERGY PRESS RELEASES

Deadline Extension: $25 Million Tribal Energy Funding Opportunity (February 28, 2025)

DOE Removes Barriers to the Use of LNG as a Marine Fuel with Order to JAX LNG (February 28, 2025)

U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES

FEDERAL EXECUTIVE AGENCIES (Federal Register February 14 – 20, 2025)

Environmental Protection Agency

90 FR 10915 Notice: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; NSPS for Bulk Gasoline Terminals (Renewal)” (February 28, 2025)

90 FR 10691 Rule: “West Virginia Underground Injection Control (UIC) Program; Class VI Primacy” (Feburary 26, 2025)

Federal Energy Regulatory Commission

90 FR 10483 Notice: “Notice of Scoping Period Requesting Comments on Environmental Issues for the Proposed Natural Gas Pipeline Company of America, LLC Gulf Coast Storage Expansion Project” (February 24, 2025)

90 FR 10723 Notice: “Florida Gas Transmission, LLC; Notice of Schedule for the Preparation of an Environmental Assessment for the South Central Louisiana Project” (February 26, 2025)

Pipeline and Hazardous Materials Safety Administration

90 FR 10565 Notice: “Hazardous Materials: Notice of Actions on Special Permits” (February 24, 2025)

90 FR 10567 Notice: “Hazardous Materials: Notice of Applications for New Special Permits” (February 24, 2025)

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”.” (February 27, 2025 – Message on Senate Action Sent to House)

H.R.1651 “To nullify the final rule issued by the Environmental Protection Agency relating to “New Source Performance Standards for Greenhouse Gas Emissions From New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions From Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable Clean Energy Rule” (February 27, 2025 – Referred to Committee)

U.S. SENATE ENERGY AND NATURAL RESOURCES COMMITTEE 

S.722 “A bill to streamline the oil and gas permitting process and to recognize fee ownership for certain oil and gas drilling or spacing units, and for other purposes.” (February 25, 2025 – Read Twice and Referred to Committee)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE 

PENNSYLVANIA DEPT. OF ENVIRONMENTAL PROTECTION PRESS RELEASES

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