Shale Law Weekly Review—Week of November 8, 2021

GHG Emissions: The U.S. Supreme Court Grants Petitions for Writs of Certiorari Asking Review of EPA’s Authority over Regulation of GHG Emissions from Power Plants
On October 29, 2021, the U.S. Supreme Court agreed to hear multiple petitions for review of the U.S. Environmental Protection Agency’s (EPA) authority to regulate greenhouse gas emissions from power plants under the Clean Air Act (CAA). The petitions have been consolidated under docket No. 20-1530. The state of North Dakota (No. 20-1780) along with nineteen (19) other states (No. 20-1530), the North American Coal Corporation (No. 20-1531) and Westmoreland Mining Holdings, LLC (No. 20-1778) all filed separate petitions for writs of certiorari earlier in 2021 following the issuance by the D.C. Circuit Court of Appeals of an opinion vacating the 2019 Affordable Clean Energy Rule (84 FR 32520), which repealed the Clean Power Plant Rule (80 FR 64622). American Lung Association, et al. v. EPA, et al., No. 19-1140. Here, the D.C. Circuit Court found that EPA did not have the legal authority to adopt the Affordable Clean Energy Rule, stating that “the central operative terms of the ACE Rule and the repeal of its predecessor Rule, the Clean Power Plan, … hinged on a fundamental misconstruction of Section 7411(d) of the Clean Air Act.”

Biofuels: The U.S. Department of Energy (DOE) Announces Grant Opportunity for Increasing the Deployment of Biofuel and Bioproduct Refineries
On October 29, 2021, the U.S. Department of Energy (DOE) Office of Energy Efficiency and Renewable Energy (EERE) published a notice for a funding opportunity aimed at speeding up the deployment of biofuel and bioproduct refineries (DE-FOA-0002637). According to the notice, the Funding Opportunity Announcement (FOA) would fund Research & Development (R&D) activities in support of the “government-wide approach to the climate crisis by driving innovations that lead to the deployment of clean energy technologies. Specifically, this FOA will support high-impact R&D focusing on the production of low-GHG fuels for the aviation industry, the long-haul trucking sector, and marine industries by soliciting proposals to scale-up promising technologies.”

Federal Lands: The U.S. Bureau of Land Management (BLM) Will Analyze Greenhouse Gas Emission Impacts from 2022 Proposed Oil and Gas Lease Sales
On October 29, 2021, the U.S. Department of the Interior (DOI) Bureau of Land Management (BLM) indicated in a press release that it will conduct for the very first-time nationwide analysis of the impacts of greenhouse gas emissions from oil and gas production operations on public lands for the proposed 2022 oil and gas lease sales. The press release states that this nationwide analysis will be delivered as part of draft environmental assessments to be issued in the coming days. In addition, BLM also announced the release of the “2020 BLM Specialist Report on Annual Greenhouse Gas Emissions and Climate Trends.”

Air Quality: The U.S. Environmental Protection Agency (EPA) Faces New Lawsuit Over the 2008 Ozone National Ambient Air Quality Standards (NAAQS)
On October 27, 2021, the Center for Biological Diversity issued a notice of intent to sue the U.S. Environmental Protection Agency (EPA), citing “EPA’s Unreasonable Delay in Responding to the Remand of Final Action Entitled “Air Plan Approval; Pennsylvania; Reasonably Available Control Technology (RACT) for Volatile Organic Compounds (VOC) Under the 2008 Ozone National Ambient Air Quality Standards (NAAQS)”” (85 FR 80616) issued in December 2020. In their accompanying press release, plaintiff alleged that Pennsylvania’s Clean Air Act State Implementation Plan (SIP) is “inadequate … to clean up smog from the methane gas industry” and that, thirteen (13) years later, EPA has yet to reconsider the standard for ozone pollution. According to the plaintiff, EPA’s “unreasonable delay” represents a threat to human health and welfare, and the environment considering the urgent need to curb air pollution. In their accompanying press release, plaintiff alleged that Pennsylvania’s

Shale Law/Policy Resources of Interest:

Brigit Rollins, EPA Releases PFAS Strategic Roadmap (November 4, 2021).

Charles Sartain and Brittany Blakey, Louisiana Court Considers Buried and Surface Flowlines (November 2, 2021).

Romany M. Webb, Four Important Points About EPA’s Proposed Methane Emissions Controls for Oil and Natural Gas Facilities (November 2, 2021).

Euan Strachan & Paul Greening, Singapore’s Green Finance Drive (November 2, 2021).

AGENCY PRESS RELEASES – STATE/FEDERAL

Pennsylvania Department of Environmental Protection

Gov. Wolf Awards $9.5 Million to Reduce Pollutants and Increase Clean Transportation (November 1, 2021).

U.S. Department of Energy

U.S. Secretary of Energy Reinforces America’s Commitment to Climate Action at COP26 (November 6, 2021).

Secretary Granholm Launches Carbon Negative Earthshots to Remove Gigatons of Carbon Pollution from the Air by 2050 (November 5, 2021).

DOE Will Host 2022 Joint International Clean Energy and Mission Innovation Ministerials in Pittsburgh, Pennsylvania (November 4, 2021).

US-UK Strategic Energy Dialogue Launch (November 4, 2021).

U.S. Launches Net-Zero World Initiative to Accelerate Global Energy System Decarbonization (November 3, 2021).

DOE Announces Nearly $200 Million to Reduce Emissions from Cars and Trucks (November 1, 2021).

DOE to Partner with Heating Industry to Improve Performance and Energy-Efficiency of Cold Climate Heat Pumps (November 1, 2021).

U.S. Environmental Protection Agency

Statement by Administrator Regan on the Bipartisan Infrastructure Deal (November 6, 2021).

Federal Interagency Working Group Reconvened to Improve Protections for Endangered Species and Enhance Transparency (November 3, 2021).

U.S. to Sharply Cut Methane Pollution that Threatens the Climate and Public Health (November 2, 2021).

STATE ACTIONS—EXECUTIVE/LEGISLATIVE

Pennsylvania Executive Agencies—Actions and Notices (Pa. Bulletin Vol. 51, No. 45—November 6, 2021)

Department of Environmental Protection

51 Pa.B. 6924 Proposed Rulemaking: “Rulemaking Regarding Depreciation Reporting and Capital Planning for Crude Oil, Gasoline or Petroleum Products Transportation Pipelines 52 Pa. Code Chapter 73.”

51 Pa.B. 6998 Notice: “Availability of Grants through the Driving PA Forward Fiscal Year 2020 Pennsylvania State Clean Diesel Grant Program.”

51 Pa.B. 7000 Notice: “Suspension of Enforcement of the Pennsylvania Heavy-Duty Diesel Emissions Control Program.”

Pennsylvania Legislature

HB 2043 “An Act amending Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statutes, providing for issuance of permits in burdened communities [to Limit Pollution and Other Harms in Low Income Communities].” Referred to Environmental Resources and Energy [House] (November 3, 2021).

SB 916 “An Act amending. . . The Fiscal Code, providing for American Rescue Plan water, sewer and storm water assistance grants; and making an appropriation.” Referred to Local Government [Senate] (November 1, 2021).

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

Federal Executive Agencies (Federal Register November 1 – November 5, 2021):

Cybersecurity and Infrastructure Security Agency

86 FR 61284 Notice: “Notice of the Establishment of the Cybersecurity and Infrastructure Security Agency Cybersecurity Advisory Committee” (November 5, 2021).

Energy Department

86 FR 60974 Proposed Rule: “Energy Conservation Program: Test Procedures for Cooking Products [Gas Cooking Tops]” (November 4, 2021).

86 FR 60376 Proposed Rule: “Energy Conservation Program: Test Procedure for External Power Supplies” (November 2, 2021).

86 FR 61201 Notice: “Carib Energy (USA) LLC; Application for Blanket Authorization to Export Previously Imported Liquefied Natural Gas to Non-Free Trade Agreement Countries on a Short-Term Basis” (November 5, 2021).

Energy Information Administration

86 FR 60621 Notice: “Agency Information Collection Extension [for the Petroleum Marketing Program (PMP)]” (November 3, 2021).

Environmental Protection Agency

86 FR 61100 Proposed Rule: “Air Plan Approval; California; Opacity Testing of Heavy-Duty Diesel Vehicles” (November 1, 2021).

86 FR 61102 Proposed Rule: “Potential Future Regulation Addressing Pyrolysis and Gasification Units [Extending Request for Information Deadline to December 23, 2021]” (November 5, 2021).

86 FR 60806 Notice: “ANR Pipeline Company; Great Lakes Transmission Limited Partnership; Notice of Availability of the Final Environmental Impact Statement for the Proposed Alberta Xpress and Lease Capacity Abandonment Project” (November 4, 2021).

Federal Energy Regulatory Commission

86 FR 61203 Notice: “Tri-State Generation and Transmission Association, Inc.; Notice of Institution of Section 206 Proceeding and Refund Effective Date” (November 5, 2021).

86 FR 61203 Notice: “Columbia Gulf Transmission, LLC; Notice of Request for Extension of Time [for Replacement Facilities of the Mainline 100 and Mainline 200 Replacement Project]” (November 5, 2021).

86 FR 60810 Notice: “Equitrans, L.P.; Notice of Request Under Blanket Authorization and Establishing Intervention and Protest Deadline [Converting Observation Wells to Injection/Withdrawal Wells at the Truittsburg Storage Field]” (November 4, 2021).

86 FR 60457 Notice: “Spire Storage West, LLC; Notice of Availability of the Draft Environmental Impact Statement for the Proposed Clear Creek Expansion Project [Quintupling Storage Capacity to 20 Billion Cubic Feet]” (November 2, 2021).

86 FR 60231 Notice: “Rover Pipeline LLC; Notice of Scoping Period Requesting Comments on Environmental Issues for the Proposed Rover-Brightmark Receipt and Delivery Meter Station Project” (November 1, 2021).

86 FR 60227 Notice: “WBI Energy Transmission, Inc.; Notice of Request for Extension of Time [to Complete the 2020 Baker Storage Well Abandonment Project]” (November 1, 2021).

Land Management Bureau

86 FR 60905 Notice: “Notice of Competitive Offer for Solar Energy Development on Public Lands in the State of Arizona” (November 4, 2021).

Pipeline and Hazardous Materials Safety Administration

86 FR 60348 Notice: “Pipeline Safety: Request for Special Permit; Natural Gas Pipeline Company of America, LLC” (November 1, 2021).

Presidential Documents

86 FR 60531 Proclamation: “Critical Infrastructure Security and Resilience Month, 2021 [November]” (November 3, 2021).

House Energy and Commerce Committee Actions:

H.R.5899 “To direct the Administrator of the Environmental Protection Agency to provide for the generation of Renewable Identification Numbers under the renewable fuel program for electricity from renewable biomass, and for other purposes.” Referred to the House Committee on Energy and Commerce (November 5, 2021).

H.R.5896 “To incentivize innovative transportation corridors to reduce carbon and GHG emissions, to provide a tax structure that allows for certain investments in public transportation systems, and to enable the fossil fuel workforce to transition to sustainable work sectors.” Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means, Education and Labor, and Energy and Commerce. . .  (November 5, 2021).

H.R.5889 “To amend title VI of the Public Utility Regulatory Policies Act of 1978 to establish a Federal energy efficiency resource standard for retail electricity suppliers and retail natural gas suppliers, and for other purposes.” Referred to the House Committee on Energy and Commerce (November 4, 2021).

H.R.5845 “To amend the Energy Policy and Conservation Act with respect to regional standards for furnaces, central air conditioners, and heat pumps.” Referred to the House Committee on Energy and Commerce (November 3, 2021).

H.R.5821 “To provide additional benefits to American workers whose employment has been impacted as a result of the transition to a clean energy economy.” Referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means. . . (November 2, 2021).

 

Senate Energy and Natural Resources Committee:

S.3152 “A bill to amend the Energy Policy Act of 2005 to disqualify certain borrowers from receiving a guarantee for a project, and for other purposes.” Read twice and referred to the Committee on Energy and Natural Resources (November 3, 2021).

S.3145 “Small Scale LNG Access Act of 2021[‘to expedite approval of exports of small volumes of natural gas’].” Read twice and referred to the Committee on Energy and Natural Resources (November 3, 2021).

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks October 30–November 5, 2021:

EIA Reports a Bigger-Than-Expected Weekly Climb in U.S. Crude Supplies, MarketWatch

28 New Shale Well Permits Issued for PA-OH-WV Oct 18-24, Marcellus Drilling News

Senate Moves to Block Key Part of Wolf’s Climate Plan, State Impact Pennsylvania

Oil Giants Deny Spreading Disinformation on Climate Change, Associated Press

Germany to Promote Construction of LNG Bunker Vessels at Local Yards, Offshore Energy

Connect with us on Facebook.  Every week we post the CASL Ledger detailing our publications and activities from the week. 

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Written by:
Noah Gochnauer, Research Assistant
Chloe Marie, Research Specialist
Jackie Schweichler, Staff Attorney