Shale Law Weekly Review – Week of July 12, 2021

Infrastructure: California Court Dismisses Lawsuit Against California Natural Gas Infrastructure Ban ⚡
On July 6, 2021, the U.S. District Court for the Northern District of California issued an order dismissing a lawsuit brought by the California Restaurant Association against the city of Berkeley for the city’s recent natural gas infrastructure ban. California Restaurant Association v. City of Berkeley, No. 4:19-cv-07668. The ban, “Prohibition of Natural Gas Infrastructure in New Buildings,” (No. 7,672–N.S. Chapter 12.80) prohibits natural gas infrastructure in new buildings within the city. The ban was passed on July 16, 2019, by the Council of the City of Berkeley and became effective January 1, 2020. The plaintiffs allege that the ban was preempted by federal and state law. The court dismissed the plaintiff’s federal claim and subsequently declined to rule on the state law claims.

State Regulation: Ohio Governor Signs Law Prohibiting Local Governments from Restricting Natural Gas Use
On July 1, 2021, the governor of Ohio signed into law limitations that ensures the distribution and supply of natural gas service to retailers and customers within the state. In addition, the law prohibits local governments from creating building codes, ordinances, or other limitations that would affect the ability of consumers to access natural gas. The stated purpose of the law is to utilize energy resources in the state and to encourage the use natural gas. The new law, H.B. 201, will become effective September 30, 2021.

Climate Change: Court Allows Climate Change Lawsuit to Proceed Against Exxon Mobil
On July 1, 2021, the United States Court of Appeals for the First Circuit issued a judgment allowing a climate change lawsuit against Exxon Mobil to move forward. Conservation Law Foundation, Inc. v. Exxon Mobil Corporation, et al., No. 20-1456. The case was brought in September 2016 by the Conservation Law Foundation against Exxon Mobil for wastes discharged at the Everett Terminal in Everett, Massachusetts. The Everett Terminal is a storage facility for gasoline, diesel, jet fuel, and asphalt. The plaintiffs allege that the Everett Terminal’s discharge of stormwater violates its National Pollutant Discharge Elimination System permit and the Clean Water Act. In their complaint, the plaintiffs argue that the terminal’s current waste control system does not address the imminent risk of oil or pollutant discharge resulting from extreme climate-change related weather events. The judgement remands the case to the U.S. District Court for the District of Massachusetts.

Shale Law/Policy Resources of Interest:

John McFarland, Bills Addressing Flaring in Texas Legislature (July 8, 2021).

Brigit Rollins, From Supreme Court to State Courts, Important Enviro Rulings from June 2021

(July 8, 2021).

Amy Turner, California Restaurant Association v. Berkeley and Local Natural Gas Restrictions (July 7, 2021).

Charles Sartain and Rusty Tucker, Texas Court Applies Amended Citizens Participation Act to a Lease Dispute (July 6, 2021).

AGENCY PRESS RELEASES – STATE/FEDERAL

Pennsylvania Department of Environmental Protection

ADVISORY – JULY 13 – HARRISBURG – Environmental Quality Board to Consider Regional Greenhouse Gas Initiative Final Regulation (July 8, 2021).

U.S. Department of Energy

DOE Awards $15.6 Million for Atmospheric Research to Improve Climate Modeling (July 8, 2021).

DOE Announces $52.5 Million to Accelerate Progress in Clean Hydrogen (July 7, 2021).

DOE Announces $27 Million To Accelerate Ocean Wave Energy Technology to Market (July 6, 2021).

U.S. Environmental Protection Agency

EPA Announces an Additional $50 Million Under the American Rescue Plan to Enhance Air Pollution Monitoring (July 7, 2021).

STATE ACTIONS—EXECUTIVE/LEGISLATIVE

Pennsylvania Executive Agencies—Actions and Notices (Pa. Bulletin Vol. 51, No. 28—July 10, 2021)

51 Pa.B. 3816 Notice: “Availability of Technical Guidance [minor change to above ground storage tanks for emergency containment].”

51 Pa.B. 3733 Notice: “Water Quality Standards; Class A Stream Redesignations.”

51 Pa.B. 3827 Notice: “Intercompany Restructuring [of Peoples Natural Gas Company, LLC and Peoples Gas Company, LLC].”

51 Pa.B. 3832 Notice: “Projects Approved for Consumptive Uses of Water [in the Susquehanna River Basin – May].”

Pennsylvania Legislature

SB.792 “An Act amending Title 62 (Procurement) of the Pennsylvania Consolidated Statutes, in contract clauses and preference provisions, providing for solar photovoltaic technologies; and imposing duties on the Auditor General, the Department of Community and Economic Development and the Department of Environmental Protection.” Referred to Environmental Resources and Energy [Senate] (July 7, 2021).

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

Federal Executive Agencies (Federal Register July 6–July 9 2021 [No Publication July 5 for Independence Day]):

Defense Acquisition Regulations System

86 FR 36124 Request for Information: “Sustainability and Climate-Related Disclosures” (July 8, 2021).

Energy Department

86 FR 36269 Reopening of Comment Period: “Future of Energy Codes Workshop” (July 9, 2021).

86 FR 35668 Notice, Request for Comment: “Energy Conservation Program for Appliance Standards: Procedures, Interpretations, and Policies for Consideration in New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Commercial/Industrial Equipment” (July 7, 2021).

Federal Energy Regulatory Commission

86 FR 36270 Notice: “Pacific Gas and Electric Company; Notice of Application Ready for Environmental Analysis and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions” (July 9, 2021).

86 FR 36278 Notice: “Combined Notice of Filings #1 [Exempt Wholesale Generator Filings]” (July 9, 2021).

86 FR 36276 Notice: “Combined Notice of Filings #2 [Electric Rate Filings]” (July 9, 2021).

86 FR 36277 Notice: “Tennessee Gas Pipeline Company, L.L.C.; Notice of Availability of the Draft Environmental Impact Statement for the Proposed East 300 Upgrade Project” (July 9, 2021).

86 FR 36273 Notice: “Columbia Gas Transmission, LLC; Notice of Request Under Blanket Authorization and Establishing Intervention and Protest Deadline” (July 9, 2021).

86 FR 36275 Notice: “Mountain Valley Pipeline, LLC; Notice of Supplemental Scoping Period for the Proposed Amendment to the Certificate of Public Convenience and Necessity for the Mountain Valley Pipeline Project and Request for Comments on Environmental Issues” (July 9, 2021).

86 FR 36128 Notice: “Combined Notice of Filings #1 [Exempt Wholesale Generator Filings]” (July 8, 2021).

86 FR 36130 Notice: “Combined Notice of Filings [Natural Gas Pipeline Rate and Refund Report Filings]” (July 8, 2021).

86 FR 35791 Notice, Request for Comments: “Commission Information Collection Activities (FERC-725Y); Comment Request; Extension [Mandatory Reliability Standard]” (July 7, 2021).

86 FR 35776 Notice: “Driftwood Pipeline LLC; Notice of Application and Establishing Intervention Deadline” (July 7, 2021).

86 FR 35778 Notice: “Combined Notice of Filings #3 [Electric Rate Filings]” (July 7, 2021).

86 FR 35779 Notice: “Combined Notice of Filings [Natural Gas Pipeline Rate and Refund Report Filings]” (July 7, 2021).

86 FR 35781 Notice: “Combined Notice of Filings #1 [Exempt Wholesale Generator Filings]” (July 7, 2021).

86 FR 35785 Notice: “Combined Notice of Filings #1 [Electric Rate Filings]” (July 7, 2021).

86 FR 35789 Notice: “Combined Notice of Filings [Natural Gas Pipeline Rate and Refund Report Filings]” (July 7, 2021).

86 FR 35790 Notice: “Combined Notice of Filings #2 [Exempt Wholesale Generator Filings]” (July 7, 2021).

86 FR 35793 Notice: “Combined Notice of Filings #2 [Exempt Wholesale Generator Filings]” (July 7, 2021).

86 FR 35794 Notice: “Georgia Power Company; Notice of Availability of Environmental Assessment” (July 7, 2021).

86 FR 35780 Notice: “Tennessee Gas Pipeline Company, LLC; Southern Natural Gas Company, LLC; Notice of Intent to Prepare an Environmental Impact Statement for the Proposed Evangeline Pass Expansion Project and Schedule for Environmental Review” (July 7, 2021).

86 FR 35792 Notice: “Hill Top Energy Center LLC; Notice of Institution of Section 206 Proceeding and Refund Effective Date” (July 7, 2021).

Nuclear Regulatory Commission

86 FR 35837 Notice: “Replacement Energy Cost Estimates for Nuclear Power Plants: 2020-2030″ (July 7, 2021).

Rural Utilities Service

86 FR 36193 Final Rule: “Streamlining Electric Program Procedures” (July 9, 2021).

House Energy and Commerce Committee Actions:

H.R.4394 “To ensure the continued operation of the Diablo Canyon power plant, and for other purposes.” Referred to the House Committee on Energy and Commerce (July 9, 2021).

H.R.4375 “To provide funding to rehabilitate, retrofit, and remove the Nation’s dams to improve the health of the Nation’s rivers, improve public safety, and increase clean energy production, and for other purposes.” Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means, Energy and Commerce, Natural Resources, Science, Space, and Technology, and Agriculture. . . (July 9, 2021).

Senate Energy and Natural Resources Committee:

No relevant actions.

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks July 5–July 9, 2021:

Feds Warn of Russian Hacking Campaign That Hit U.S. Energy, E&E News

Company Drops Plans for Byhalia Pipeline; Activists Rejoice: ‘Sometimes the Good Guys Win, Memphis Commercial Appeal

Celebrities Push Biden to Oppose Controversial Minnesota Pipeline, The Hill

Under Pressure, Company Cancels Tennessee Pipeline, Associated Press

Focus Shifts to EPA on Methane Regulation After Biden Action, The Hill

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

Penn State Shale Law Podcast: Listen to the latest episode here.

Written by:
Noah Gochnauer, Research Assistant
Audry Thompson, Research Assistant
Jackie Schweichler, Staff Attorney