Climate Change
Shale Law Weekly Review—Week of April 22, 2024
Methane Emissions: DOT and PHMSA Announce Pipeline Repair Funding to Reduce Emissions ⚡
On April 3, 2024, the U.S. Department of Transportation (DOT) and the Pipeline and Hazardous Material Safety Administration (PHMSA) announced that $392 million of funding will be dedicated to modernizing pipeline systems and infrastructure with the stated goal of preventing methane pollution emissions. The funding will be divided amongst 130 projects proposed by municipality and community owned utility companies across 26 states. The selected projects involve repairing or replacing almost 500 miles of pipelines, for what PHMSA has said will result in a reduction of methane pollution […]
Shale Law Weekly Review—Week of March 4, 2024
State Regulation: Colorado Limits Government Use of Gas-Powered Lawn Equipment ⚡
In February 2024, the Colorado Air Quality Control Commission (AQCC) formally adopted a new regulation first announced in December 2023, that limits the use of gas-powered lawn equipment by state agencies. The new regulation is only applicable during summer months, beginning June 2025, and affects local and state agencies differently. Local agencies within the nine-county span of the North Front Range Ozone Nonattainment area are prohibited from using lawn equipment with more than 10-horsepower on public property. State agencies are restricted statewide from using equipment with engines exceeding […]
Shale Law Weekly Review—Week of January 22, 2024
Infrastructure: $625 Million in Grants Announced to Expand Electric Vehicle Charging Infrastructure ⚡
On January 11, 2024, the Department of Energy Office (DOE) of Energy Efficiency and Renewable Energy (EERE) announced $625 million in grants to expand the infrastructure of charging capabilities for electronic vehicles. These grants are provided through the Charging and Fueling Infrastructure (CFI) Discretionary Grant Program. The noted goal of this round of grants is to construct around “500,000 publicly available chargers by 2030.” The announced grants include $311 million awarded from the Federal Highway Administration to 36 community projects to bolster electric vehicle charging and hydrogen […]
Shale Law Weekly Review—Week of January 15, 2024
State Regulation: Ohio Governor Signs Legislation Limiting EV Regulations and Facilitating Funding for Natural Gas Projects ⚡
On December 28, 2023, the Governor of Ohio signed into law House Bill 201 (the “Bill”) which places limits on regulations of electric vehicles and provides natural gas companies with capabilities to fund future development projects. The Bill expressly prevents municipalities from enacting regulations based on a vehicle’s fuel source. Additionally, the Bill states that the EPA or any state agency is prevented from enacting the vehicle emissions standards recently enacted in California. For natural gas companies, the Bill states that “infrastructure […]
Shale Law Weekly Review—Week of December 25, 2023
State Regulation: Massachusetts Orders Gas Companies to Consider Non-gas Pipeline Alternatives ⚡
On December 6, 2023, the Massachusetts Department of Public Utilities (DPU) issued Order 20-80 which, according to the DPU, will guide local gas distribution companies (LDCs) in the Commonwealth’s efforts to reach net zero GHG emissions by 2050. The Order emphasizes the use of “non-gas pipeline alternatives” such as “electrification, thermal networked systems, targeted energy efficiency and demand response, and behavior change and market transformation” by LCDs. Further, the Order requires LCDs seeking cost recovery for the promotion of natural gas to prove that non-gas pipeline alternatives “were […]
Shale Law Weekly Review—Week of December 11, 2023
Climate Change: New Jersey Adopts Rule Requiring 100% of Light-Duty Vehicle Sales to be Zero-Emission Vehicles by 2035 ⚡
On November 21, 2023, the New Jersey Office of the Governor announced the next stages for Advanced Clean Cars II rule, requiring all “light-duty vehicle” manufacturers to incrementally increase sales of zero-emission vehicles (ZEV) beginning in 2027 to reach 100% of vehicle sales by 2035. The rule was proposed on August 21, 2023 by the NJ Department of Environmental Protection and, according to the announcement, is now scheduled to be confirmed on December 18, 2023. The rule is modeled […]
Shale Law Weekly Review—Week of November 27, 2023
Oil and Gas Leasing: Alaska Court Rules in Favor of Willow Project, Permitting ConocoPhillip to Explore and Develop on the National Petroleum Reserve in Alaska ⚡
On November 9, 2023, the United States District Court for the District of Alaska upheld ConocoPhillips’s authorization to explore and develop oil on its leases in the National Petroleum Reserve in Alaska (NPR-A). Sovereign Iñupiat for a Living Arctic et al. v. Bureau of Land Management et al., No. 3:23-cv-00058-SLG (D. Alaska Nov. 9, 2023) (unpublished); see also U.S. Dep’t of the Interior, Bureau of Land Mgmt., Record of Decision for the […]
Shale Law Weekly Review—Week of October 16, 2023
Offshore Drilling: Bureau of Ocean Energy Management Publish Proposed Final Program for Lease Sales in Gulf of Mexico ⚡
On October 2, 2023, Bureau of Ocean Energy Management (BOEM), DOI, published a Notice of Availability for the 2024-2029 National Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (PFP) and Final Programmatic Environmental Impact Statement (EIS). 88 Fed. Reg. 67,798 (Oct. 2, 2023). The PFP proposes three lease sales in the Gulf of Mexico Program Area – scheduled for 2025, 2027, and 2029. The PFP includes various lease requirements that are meant to provide protection to sensitive […]
Shale Law Weekly Review—Week of October 2, 2023
Oil and Gas Leasing: Louisiana District Court Orders BOEM to Hold Offshore Lease Sale Without Additional Protections for Endangered Whales ⚡
On Thursday, September 21, 2023, the West District Court of Louisiana granted a Motion for Preliminary Injunction filed by the state of Louisiana and three oil companies in their lawsuit against the government and several environmental justice groups. The suit arose after the Bureau of Ocean Energy Management (BOEM) withdrew six million acres from Lease Sale 261, a proposed lease on the Outer Continental Shelf in the Gulf of Mexico, and restricted “vessel activity in the lease area” to […]
Shale Law Weekly Review—Week of July 03, 2023
Post-Production Costs: Title: District Court Denies Diversified’s Motion for Judgment on the Pleadings in Abandoned Wells Class Action Suit ⚡
On Thursday, June 1, 2023, the United States District Court for the Northern District of West Virginia denied Defendant Diversified Energy Co.’s (Diversified) Motion for Judgment on the Pleadings in the case of McEvoy v. Diversified Energy Co. PLC. Plaintiffs had filed a class action against Diversified, alleging Diversified had a duty to plug and decommission thousands of abandoned gas wells in West Virginia. On May 10, 2023, Diversified filed a Motion for Judgment on the Pleadings for Failure to […]
