Shale Law Weekly Review—Week of October 31, 2022

Climate Change: Appeals Court Rules States Lack Standing to Challenge Interagency Working Group Social GHG Estimates ⚡
On October 21, 2022, the U.S. Circuit Court of Appeals for the Eighth Circuit issued an opinion affirming dismissal of a lawsuit by a coalition of states, led by Missouri, for lack of standing. Missouri, et al. v. Biden, et al., Case No. 21-3013. The court ruled that the states’ requested injunction against an Interagency Working Group’s Social Cost of Greenhouse Gases estimates is outside federal courts’ jurisdictions, as the states could not “plausibly allege…concrete and particularized actual injury…fairly traceable to defendants’ conduct.” The court also ruled that the states only provided a general complaint about the administration’s methods of calculating social cost of greenhouse gas emissions, rather than challenging the estimates themselves.

Pipelines: Mountain Valley Pipeline Voluntarily Dismisses Eminent Domain Request
On October 19, 2022, Mountain Valley Pipeline, LLC filed a Notice of Voluntary Dismissal, without prejudice, in the U.S. District Court for the Middle District of North Carolina, informing the court it was no longer seeking to use eminent domain to condemn numerous properties for the building of its pipeline through Virginia and North Carolina. Mountain Valley Pipeline v. Easements, et al., Civil Action No. 1:21-cv-47-TDS-JLW. Mountain Valley did note that it was not abandoning the project, but rather dismissing their condemnation action as a show of cooperation and good faith with the landowners.

Public Lands: Plaquemines Suit Against Oil Producers Returned to State Court for Trial
On October 17, 2022, the U.S. Circuit Court of Appeals for the Fifth Circuit issued a per curiam opinion remanding a lawsuit against oil producers to state court because the producers did not show that they were subject to control or guidance by the federal government as subcontractors. Plaquemines v. Chevron USA, et al., USDC No. 2:18-CV-5217. Plaquemines Parish in Louisiana initially brought the lawsuit against a group of oil producers including Chevron, Exxon Mobil, and ConocoPhillips, claiming a violation of Louisiana’s state statute requiring parties using coastal areas to seek permits if not grandfathered into the statute.

 

Oil & Gas Law & Policy Resources:

Eisenson, SOLAR PANELS REDUCE CO2 EMISSIONS MORE PER ACRE THAN TREES – AND MUCH MORE THAN CORN ETHANOL (October 25, 2022)

Sartain & Reed, Market Value at the Well Trumps Free-Use Clause (October 26, 2022)

Turner, CITIES: EPA REQUEST FOR INFORMATION ON GREEN BANKS ESTABLISHED BY THE INFLATION REDUCTION ACT (October 26, 2022)

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks October 22–28, 2022:

Alleging continual pollution, advocates ask U.S. EPA to take over Ohio injection well permitting (Ohio Captial Journal)

Russia poised to largely skirt new G7 oil price cap (Reuters)

Mountain Valley pipeline’s N.C. expansion put on hold (E&E News)

Large oil project asks to inject wastewater into Wyo. Aquifer (E&E News)

FERC meeting: Glick warning, ‘self-dealing’ and pipeline win (E&E News)

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

DOE Announces $39 Million for Technology to Grow the Domestic Critical Minerals Supply Chain and Strengthen National Security (October 27, 2022)

Biden-Harris Administration Announces $84.5 Million to Make Clean Energy Improvements and Lower Energy Costs for K-12 Schools (October 26, 2022)

Readout of Secretary Granholm’s First Trip to Puerto Rico to Focus on Solution-based Energy Action Plans (October 26, 2022)

Biden-Harris Administration Announces $150 Million To Improve Nuclear Research and Development Infrastructure at Idaho National Laboratory (October 25, 2022)

U.S. ENVIRONMENTAL PROTECTION AGENCY

Biden-Harris Administration Announces Nearly $1 Billion from EPA’s Clean School Bus Program for 389 School Districts (October 26, 2022)

Biden-Harris Administration Announces $34.6 Million from EPA’s Clean School Bus Program for Pennsylvania School Districts (October 26, 2022)

FEDERAL EXECUTIVE AGENCIES (Federal Register October 22–28, 2022):

Energy Department

87 FR 64369: Rule: “Procedures for the Acquisition of Petroleum for the Strategic Petroleum Reserve” (October 25, 2022)

87 FR 64550: Rule: “Energy Conservation Program: Test Procedure for Central Air Conditioners and Heat Pumps” (October 25, 2022)

Environmental Protection Agency

87 FR 65202: Notice: “Environmental Impact Statements; Notice of Availability” (October 28, 2022)

Federal Energy Regulatory Commission

87 FR 65163: Rule: “Standard Applied to Complaints Against Oil Pipeline Index Rate Changes” (October 28, 2022)

Pipeline and Hazardous Materials Safety Administration

87 FR 64539: Notice: “Pipeline Safety: Liquefied Natural Gas (LNG) Research and Development (R&D) Public Meeting and Forum” (October 25, 2022)

Ocean Energy Management Bureau

87 FR 65248: Notice: “Notice on Outer Continental Shelf Oil and Gas Lease Sales” (October 28, 2022)

87 FR 65247: Notice: “Final Environmental Impact Statement on the Cook Inlet Lease Sale 258” (October 28, 2022)

87 FR 64246: Notice, Comments Close 3/29/22: “Notice of Availability of the Proposed Notice of Sale for Gulf of Mexico Outer Continental Shelf Region-Wide Oil and Gas Lease Sale 259” (October 24, 2022)

Other Agencies

87 FR 65240: Notice, Comments Close 11/28/22: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Leasing of Osage Reservation Lands for Oil and Gas Mining” (October 28, 2022)

87 FR 64868: Proposed Rule: “Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Ocean Wind 1 Wind Energy Facility Offshore of New Jersey” (October 26, 2022)

87 FR 64399: Proposed Rule, Comments Close 12/27/22: “Energy Labeling Rule” (October 25, 2022)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPT. OF ENVIRONMENTAL PROTECTION PRESS RELEASES
DEP Tours Kettle Creek Stream Restoration Project, Highlights Countywide Action Plan Progress (October 25, 2022)

DEP to Hold Public Meeting and Hearing on Proposed MAX Yukon Hazardous Waste Landfill No. 7 in Westmoreland County (October 28, 2022)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 52, No. 44- October 29, 2022)

DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES

52 Pa.B 6726 Notice: “Execution of First Amendment to Oil and Gas Lease for Publicly-Owned Streambeds” (October 29, 2022)

DEPARTMENT OF ENVIRONMENTAL PROTECTION

52 Pa.B 6784 Notice: “Availability of Technical Guidance” (October 29, 2022)

PENNSYLVANIA LEGISLATURE

S.B.806 “An Act amending the act of July 20, 1979 (P.L.183, No.60), known as the Oil and Gas Lease Act, further providing for definitions, for payment information to interest owners and for accumulation of proceeds from production.” Presented to the Governor. (October 27, 2022)

S.B.1255 “An Act amending the act of July 7, 2008 (P.L.654, No.55), known as the Bituminous Coal Mine Safety Act, in diesel-powered equipment, further providing for schedule of maintenance.” Re-referred to Appropriations. [House] (October 26, 2022)

 

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