Shale Law Weekly Review—Week of November 21, 2022

Municipal Regulation: Hydrogen and Carbon Capture Developer Sues Louisiana County Over Moratorium on Seismic Surveying and Well Construction ⚡
On November 18, 2022, Air Products Blue Energy filed a lawsuit against Livingston Parish’s government and Council, which had passed an ordinance prohibiting seismic surveying, construction, and drilling of carbon storage wells for one year. The complaint claims the ordinance is invalid under Louisiana state law and seeks injunctive and declaratory relief against the ordinance.

Methane Emissions: EPA Proposes New Emissions Reductions Standards for Oil and Natural Gas
On November 11, 2022, the Environmental Protection Agency announced it had issued a proposal revising standards for new and existing oil and gas regulations. The proposal would add requirements for new sources not addressed in its 2021 rule, establish a “super emitter response program,” and modify previous standards in alignment with public comments from the notice and comment period, among other changes.

State Regulations: Senate Bill Amending Gas Disclosures Introduced in PA Senate
On November 14, 2022, the Pennsylvania Senate introduced a bill which would require the PA Department of Revenue to submit reports to the PA General Assembly, detailing the amounts of taxes collected, fuel purchased, and fuel sold in each municipality as defined by the bill. The PA Transportation Committee now considers the bill.

GHG Emissions: Carbon Dioxide Geologic Sequestration Primacy Act Introduced in PA Senate
On November 14, 2022, the Pennsylvania Senate introduced the Carbon Dioxide Geologic Sequestration Primacy Act, which would require the PA Department of Environmental Protection (DEP) to apply for primary enforcement authority for underground carbon dioxide wells within 90 days of the bill’s adoption. The bill would also prevent DEP from adopting any additional permit requirements other than the minimum requirements from the U.S. Environmental Protection Agency.

 

Oil & Gas Law & Policy Resources:

Bloomberg, Two-Wheelers Come First in Indonesia’s Electric Vehicle Strategy (November 13, 2022)

Turner, NEW YORK CITY’S LOCAL LAW 97: REC MECHANISM LACKS ADDITIONALITY; WILL SET PRICE TOO LOW (November 15, 2022)

Markowitz, et al., This Week’s Climate Policy Update (November 15, 2022)

Greening, et al., Hydrogen and Its Role in the Energy Transition (November 15, 2022)

Bloomberg, Oil Edges Lower as Missile Strike on Poland Sparks Volatility (November 16, 2022)

Lockman, AT COP 27, DEVELOPING COUNTRIES FIGHT TO DEFINE A GLOBAL GOAL ON ADAPTATION (November 18, 2022)

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks November 12– November 18, 2022:

Germany, Poland take over natural gas firms tied to Russia (PoliticoPro)

Shell, GE Partner on Hydrogen Innovations to Decarbonize Natural Gas Exports (NGI)

Biden administration proposes requiring biggest federal contractors set emissions reduction targets (The Hill)

In Colorado, oil firms fix leaky wells ahead of new rules (Reuters)

Connect with us on Facebook. 

Penn State Farmland Energy Legal Podcast: Listen to the latest episode here.

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. DEPARTMENT OF ENERGY

Biden-Harris Administration Announces $13 Billion To Modernize And Expand America’s Power Grid (November 18, 2022)

U.S. Secretary of Energy Advances America’s Commitment to Reaching Net Zero Global Emissions and Combatting Climate Change at COP27 (November 17, 2022)

Biden-Harris Administration Announces Nearly $74 Million To Advance Domestic Battery Recycling And Reuse, Strengthen Nation’s Battery Supply Chain (November 16, 2022)

Biden-Harris Administration Announces $250 Million To Finance Energy Efficiency Upgrades For American Families And Businesses (November 15, 2022)

DOE Celebrates One-year Anniversary Of Bipartisan Infrastructure Law And Historic Investments In America’s Clean Energy Future (November 15, 2022)

Biden-Harris Administration Announces Nearly $350 Million For Long-Duration Energy Storage Demonstration Projects (November 14, 2022)

U.S. ENVIRONMENTAL PROTECTION AGENCY

EPA Announces Requirement of New Clean Air Permit for Oil Refinery on St. Croix Before Operation, Ensuring Public Health Protections (November 17, 2022)

FEDERAL EXECUTIVE AGENCIES (Federal Register November 12–November 18, 2022):

Environmental Protection Agency

87 FR 69177: Rule: “Air Plan Approval; Mississippi; Revision of Excess Emissions Provisions” (November 18, 2022)

Justice Department

87 FR 68194: Notice: “Notice of Lodging of Proposed Consent Decree Under the Clean Air Act” (November 14, 2022)

Susquehanna River Basin Commission

87 FR 68224: Notice: “Projects Approved for Consumptive Uses of Water” (November 14, 2022)

Bureau of Land Management

87 FR 68517: Notice, Comments Close 1/16/23: “Agency Information Collection Activities; Oil and Gas Facility Site Security” (November 15, 2022)

87 FR 68516: Notice, Comments Close 1/16/23: “Agency Information Collection Activities; Measurement of Gas” (November 15, 2022)

Other Agencies

87 FR 68556: Notice: “Self-Regulatory Organizations; ICE Clear Europe Limited; Notice and Filing and Immediate Effectiveness of Proposed Rule Change Relating to Amendments to Part GG of the ICE Clear Europe Delivery Procedures” (November 15, 2022)

87 FR 68513: Notice, Comments Close 12/15/22: “Notice of Certain Operating Cost Adjustment Factors for 2023” (November 15, 2022)

87 FR 68439: Notice: “Welded Line Pipe From the Republic of Turkey: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2020-2021″ (November 15, 2022)

87 FR 68312: Proposed Rule, Comments Close 1/13/23: “Federal Acquisition Regulation: Disclosure of Greenhouse Gas Emissions and Climate-Related Financial Risk” (November 14, 2022)

U.S. HOUSE ENERGY AND COMMERCE COMMITTEE

H.R.9326 “To amend the Federal Power Act to authorize the allocation of the costs of certain interstate electric power transmission lines and electric power transmission lines that are located offshore, and for other purposes.” Referred to the House Committee on Energy and Commerce. (November 17, 2022)

H.R.9318 “To provide for advancements in carbon removal research, quantification, and commercialization, including by harnessing natural processes, and for other purposes.” Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Natural Resources, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (November 16, 2022)

U.S. SENATE ENERGY AND NATURAL RESOURCES COMMITTEE

S.4227 “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.” Placed on Senate Legislative Calendar under General Orders. Calendar No. 554. (November 17, 2022)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPT. OF ENVIRONMENTAL PROTECTION PRESS RELEASES
DEP Assesses Penalties to CNX for Violations in Greene County (November  17, 2022)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 52, No. 47 November 119, 2022)

DEPARTMENT OF ENVIRONMENTAL PROTECTION

52 Pa.B. 7143 Applications “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” (November 19, 2022)

SUSQUEHANNA RIVER BASIN COMMISSION

52 Pa.B. 7239 Notice “Projects Approved for Consumptive Uses of Water” (November 19, 2022)

52 Pa.B. 7240 Notice “Projects Approved for Minor Modifications” (November 19, 2022)

PENNSYLVANIA LEGISLATURE

SB 1361 “An Act providing for carbon dioxide geologic sequestration primacy; and imposing duties on the Department of Environmental Protection.” Referred to ENVIRONMENTAL RESOURCES AND ENERGY [Senate] (November 14, 2022)

SB 1362 “An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in liquid fuels and fuels tax, providing for report to General Assembly.” Referred to TRANSPORTATION [Senate] (November 14, 2022)

 

Written by:
Ethan Durand, Research Assistant
Kendal Ashman, Research Assistant
Jackie Schweichler, Staff Attorney