Shale Law Weekly Review—Week of November 28, 2022

Oil and Gas Regulations: EPA Plan for Limiting Emissions from Oil and Gas Sources Near Native Lands Released ⚡
A November 8, 2022, pre-publication version of a plan by the Environmental Protection Agency to require emissions controls by oil and gas producers near native lands in northeast Utah was recently released. The requirements would apply to existing and new oil and gas sources and are intended to reduce emissions to be in compliance with the national air quality standards.

Oil and Gas Leasing: PA Lawsuit Filed Against Shale Company for Health and Environmental Damage
On October 28, 2022, a Washington County, Pennsylvania farmer and his family filed a lawsuit in the Washington County Court of Common Pleas against Chevron and EQT Corp. alleging the companies’ shale gas drilling operations violated the terms of their lease. Latkanich, et al. v. Chevron Corp. & EQT Corp., Case No. 2022-6006. The plaintiff argues that spills and discharges from the oil and gas operations caused injuries to the family’s health, their property, and the environment The lawsuit seeks an injunction preventing further operations, an accounting of all chemicals used, and compensatory and punitive damages.

LNG Exports: FERC Grants Extension of Time to Delfin LNG Project
On November 18, 2022, the Federal Energy Regulatory Commission approved a request for a one-year of extension of time for Delfin LNG LLC (Delfin) to construct infrastructure supporting the company’s LNG port project in the Outer Continental Shelf offshore Louisiana. The compression station and related support facilities will be located in Cameron Paris, Louisiana and will carry natural gas between the two locations. The extension of time will give Delfin until September 28, 2023, to complete these facilities.

Pipelines: FERC Releases Final Environmental Impact Statement on GTN Xpress Project
On November 18, 2022, the Federal Energy Regulatory Commission released a Final Environmental Impact Statement for Northwest’s GTN Xpress Project modifying gas compressor stations in Idaho, Washington, and Oregon. FERC found that most of the environmental impacts would be temporary or short-term, as well as limited to the areas of the relevant compressor stations. After recommending some mitigation measures, FERC concluded the overall impact on the environment would not be significant.

 

Oil & Gas Law & Policy Resources:

Bloomberg, COP27 Latest: Nations Adopt Landmark Deal, Some Dissatisfied (November 20, 2022)

Markowitz, This Week’s Climate Policy Update (November 22, 2022)

Sartain, A Texas Fight Over Competing Leases (November 23, 2022)

Energy Connects, Aramco signs 59 agreements worth $11b to boost manufacturing (November 23, 2022)

Webb, DOL RULE CLARIFIES THAT ESG ANALYSIS IS CONSISTENT WITH FIDUCIARY DUTY. WILL IT PREEMPT STATE ANTI-ESG LAWS? (November 23, 2022)

Bloomberg, Oil Posts Third Weekly Loss as EU Postpones Price-Cap Talks (November 25, 2022)

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks November 18– November 25, 2022:

Environmental groups oppose pipeline expansion in Pacific NW (AP)

Freeport delays restart of shuttered Texas LNG plant (PoliticoPro)

DEP Invites Comments On Proposed Cryptocurrency Data Mining Operation On Shale Gas Well Pad In Elk County (PA Environment Digest)

Pa. ‘hot bench’ will help decide fate of CO2 trading program (PoliticoPro)

FERC Makes Decisions on Pair of US Gulf Coast LNG Projects (JPT)

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FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. DEPARTMENT OF ENERGY

Biden-Harris Administration Announces Major Investment to Preserve America’s Clean Nuclear Energy Infrastructure (November 21, 2022)

Biden-Harris Administration Announces $550 Million in Clean Energy Funding to Benefit and Lower Costs for More than 250 Million Americans (November 22, 2022)

U.S. ENVIRONMENTAL PROTECTION AGENCY

California Trucking Company to Pay $71K Penalty for Three Spills into Lake County Waterways (November 21, 2022)

Biden-Harris Administration Announces New Funding for Nationwide Brownfields Technical Assistance and Research Grants and Technical Assistance to Brownfields Providers (November 22, 2022)

EPA and State Partners Announce Major Improvement in Clean Water Act Permit Compliance (November 22, 2022)

FEDERAL EXECUTIVE AGENCIES (Federal Register November 19–November 25, 2022):

Energy Department

87 FR 71320: Notice: “National Petroleum Council; Meeting” (November 22, 2022)

Environmental Protection Agency

87 FR 71532: Proposed Rule, Comments Close 12/23/22: “Hazardous Waste Management System; Identification and Listing of Hazardous Waste Proposed Rule” (November 23, 2022)

87 FR 72312: Rule: “Control of Air Pollution From Aircraft Engines: Emission Standards and Test Procedures” (November 23, 2022)

87 FR 71258: Rule: “Air Plan Approval; Colorado; Reg 3 NSR and APEN Updates” (November 22, 2022)

Interior Department

87 FR 72507: Notice: “Deepwater Horizon Oil Spill Louisiana Trustee Implementation Group Final Phase 2 Restoration Plan/Environmental Assessment #7.1: Terrebonne HNC Island Restoration Project; and Finding of No Significant Impact” (November 25, 2022)

Safety and Environmental Enforcement Bureau

87 FR 72508: Notice, Comments Close 1/10/23: “Programmatic Environmental Impact Statement for Oil and Gas Decommissioning Activities on the Pacific Outer Continental Shelf, Extending Comment Period” (November 25, 2022)

Other Agencies

87 FR 71667: Notice: “Land Acquisitions; Tejon Tribe, Mettler Site, Kern County, California” (November 23, 2022)

87 FR 71571: Notice, Comments Close 2/28/23: “Notice of Solicitation of Applications for the Rural Business Development Grant Programs for Fiscal Year 2023” (November 23, 2022)

87 FR 70791: Notice: “Request for Nominations for the Energy Infrastructure Subcommittee and the Role of Metals Markets in Transitional Energy Subcommittee Under the Energy and Environmental Markets Advisory Committee” (November 21, 2022)

U.S. HOUSE ENERGY AND COMMERCE COMMITTEE

H.R.9355 “To amend the Natural Gas Act to authorize expedited approval of applications to export natural gas to certain allies of the United States, and for other purposes.” Referred to the House Committee on Energy and Commerce. (November 22, 2022)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPT. OF ENVIRONMENTAL PROTECTION PRESS RELEASES
EQB to Consider Emergency Air Quality Regulation for Existing Conventional Oil and Gas Sources (November 22, 2022)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 52, No. 48 November 26, 2022)

DEPARTMENT OF ENVIRONMENTAL PROTECTION

52 Pa.B. 7330: Notice: “Availability of Grants through the Driving PA Forward Initiative; Medium and Heavy-Duty Zero-Emission Vehicle Fleet Pilot Grant Program.”

 

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