Shale Law Weekly Review—Week of September 26, 2022

Hydraulic Fracturing: Delaware River Basin Hydraulic Fracturing Moratorium Upheld ⚡
On September 16, 2022, the U.S. Court of Appeals for the Third Circuit issued an opinion affirming that a coalition of Pennsylvania state legislators did not have standing to challenge the Delaware River Basin Commission’s moratorium on natural gas extraction. Yaw, et al. v. Del. River Basin Comm’n, Case No. 21-2315. The court found that the moratorium had not “cognizably harmed” the coalition but noted that other parties had standing to challenge the moratorium and that the legislatures could lobby the Commission or produce legislation.

GHG Emissions: Interagency MOU to Reduce Vehicle GHG Emissions Announced
On September 16, 2022, four agencies led by the U.S. Department of Energy (DOE), Office of Energy Efficiency and Renewable Energy announced a Memorandum of Understanding (MOU) in service of the goal to meet net zero emissions by 2030. The MOU was specifically focused on coordinating to decarbonize the transportation sector due to its large impact on U.S. greenhouse gas emissions (33% in 2019, according to DOE). Planned actions of note from the MOU include the establishment of a joint task force and a planned decarbonization strategy within 90 days.

Pipelines: Virginia Senators Introduce FERC Pipeline Permitting Bill
On September 15, 2022, Senators Tim Kaine and Mark Warner introduced S.4864, a bill which would amend the Federal Energy Regulatory Commission’s pipeline permitting process. The bill addresses the landowner landowner notification process and would require more public meetings to be held in locations near all areas affected by the pipeline. According to a press release by Senator Warner, the bill would also prevent construction until all permits and certifications are complete and would prohibit eminent domain actions relating to private use.

 

Oil & Gas Law & Policy Resources:

Bibikos, At the Well Weekly (September 19, 2022)

Markowitz, et al., This Week’s Climate Policy Update (September 20, 2022)

Bloomberg, Oil Edges Higher Ahead of Central Bank Moves on Interest Rates (September 21, 2022)

Sartain & Lawhorn, City of Dallas Owes $33+ Million for Drilling Permit Denials (September 22, 2022)

Energy Connects, Eni makes a significant gas discovery offshore Cyprus (September 22, 2022)

Bloomberg, Europe Energy Crisis to Last More Than a Winter, Analyst Says (September 23, 2022)

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks September 17, 2022- September 23, 2022:

European gas buyers show brief interest in shuttered Nord Stream gas (Reuters)

California Removes Incentive to Use Natural Gas in New Buildings (Bloomberg)

Climate law spurs CCS at new West Virginia gas plant (E&E News)

Judge Vacates Approval of Mojave Desert Pipeline Over Water Usage Concerns (Law Street)

D.C. Circuit leans toward FERC in NEPA dispute (E&E News)

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

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 $156 Million for America’s First-of-a-Kind Critical Minerals Refinery (September 19, 2022)

DOE Announces Notice of Sale of Additional Crude Oil From the Strategic Petroleum Reserve (September 19, 2022)

DOE and DOT Announce Gabe Klein to Lead Joint Office of Energy and Transportation (September 20, 2022)

DOE Announces $16 Million to Support Consent-Based Siting for Spent Nuclear Fuel (September 20, 2022)

DOE Announces $42 Million To Develop High Performance Cooling Systems For Data Centers (September 22, 2022)

Biden-Harris Administration Announces Historic $7 Billion Funding Opportunity to Jump-Start America’s Clean Hydrogen Economy (September 22, 2022)

U.S. ENVIRONMENTAL PROTECTION AGENCY

Biden-Harris Administration and EPA Announce Delivery of Historic Water Infrastructure Funding from the Bipartisan Infrastructure Law to 18 States (September 16, 2022)

EPA, Commission for Environmental Cooperation announce $2 Million EJ4Climate Grant Program (September 20, 2022)

Biden-Harris Administration and EPA Announce Delivery of Historic Water Infrastructure BIL Funding to Pennsylvania (September 21, 2022)

FEDERAL EXECUTIVE AGENCIES (Federal Register September 17 – September 23, 2022):

Environmental Protection Agency

87 FR 58047: Proposed Rule, Comments Period Ends 10/24/22: “Receipt of Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities (August 2022)” (September 23, 2022)

87 FR 57665: Proposed Rule: “Toxic Substances Control Act (TSCA) Section 21 Petition for Rulemaking Under TSCA Section 6; Reasons for Agency Response; Denial of Requested Rulemaking” (September 21, 2022)

National Highway Traffic Safety Administration

87 FR 57248: Notice, Comments Close 10/19/22: “Notice of Intent To Prepare an Environmental Impact Statement for Model Years 2030 and Beyond New Medium- and Heavy-Duty Fuel Efficiency Improvement Program Standards” (September 19, 2022)

Bureau of Land Management

87 FR 57637: Rule, Effective Date 10/1/22: “Minerals Management: Adjustment of Cost Recovery Fees” (September 21, 2022)

Ocean Energy Management Bureau

87 FR 58130: Notice, Comments Period Ends 11/22/22: “Notice of Availability of the Proposed Notice of Sale for Cook Inlet Oil and Gas Lease Sale 258” (September 23, 2022)

Other Agencies

87 FR 58067: Notice: “Notice of Availability of the Deepwater Horizon Oil Spill Louisiana Trustee Implementation Group Final Phase II Restoration Plan: #3.2: Mid-Barataria Sediment Diversion” (September 23, 2022)

87 FR 57984: Proposed Rule, Comments Close 12/21/22: “2022 Liquid Chemical Categorization Updates” (September 22, 2022)

87 FR 57865: Notice: “Foreign-Trade Zone (FTZ) 161-Wichita, Kansas; Notification of Proposed Production Activity; Great Plains Manufacturing, Inc. (Agricultural and Construction Equipment), Abilene, Assaria, Ellsworth, Enterprise, Kipp, Lucas, Salina, and Tipton, Kansas” (September 22, 2022)

87 FR 57520: Notice, Comments Close 11/14/22: “Process Safety Management (PSM); Stakeholder Meeting” (September 20, 2022)

U.S. HOUSE ENERGY AND COMMERCE COMMITTEE

H.Res.1272 “Of inquiry requesting the President to provide certain documents to the House of Representatives relating to plans to declare a “climate emergency” in order to invoke emergency authorities to impose regulations on industrial activity, or the supply and delivery of energy or electric power, in the United States.” Ordered to be Reported Adversely by the Yeas and Nays: 31 – 21. (September 21, 2022)

H.Res.1326 “Of inquiry requesting the President, and directing the Secretary of Energy, to transmit to the House of Representatives certain information relating to plans to protect baseload bulk power system generation and transmission to maintain bulk power system reliability.” Ordered to be Reported Adversely by the Yeas and Nays: 30 – 20. (September 21, 2022)

H.Res.1386 “Supporting the designation of the week of September 26 through September 30, 2022, as “National Clean Energy Week”.” Referred to the House Committee on Energy and Commerce (September 22, 2022)

U.S. SENATE ENERGY AND NATURAL RESOURCES COMMITTEE

S.4943 “A bill to establish a moratorium on energy development in certain areas of the Gulf of Mexico, and for other purposes.” Read twice and referred to the Committee on Energy and Natural Resources. (September 22, 2022)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 52, No. 39- September 24, 2022)

PENNSYLVANIA LEGISLATURE

SB 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.” Referred to ENVIRONMENTAL RESOURCES AND ENERGY [House] (September 21, 2022)

 

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