Crude Oil By Rail
Shale Law Weekly Review—Week of August 28, 2023
Crude Oil by Rail: The D.C. Appeals Court Halts Uinta Basin Railway Project Citing Defects in the Environmental Impact Statement Prepared by the Surface Transportation Board ⚡
On August 18, 2023, the U.S. Court of Appeals for the District of Columbia (the “Court”) issued an order vacating a final exemption order granted by the Surface Transportation Board (the “Board”) for the proposed Uinta Basin Railway project (“Railway”). Eagle County, Colorado v. Surface Transporation Board, No: 22-1019 (D.C. Cir. 2023). The potential Railway’s stated purpose is to provide an alternative method for firms to transport crude oil produced in the […]
Shale Law Weekly Review – May 18, 2020
National Energy Policy/LNG Exports: Department of Energy Issues Proposed Rule for Changes to NEPA Implementing Procedures
On May 1, 2020, the U.S. Department of Energy (DOE) issued a Notice of Proposed Rulemaking for changes to the Department’s National Environmental Policy Act (NEPA) implementing procedures. The proposed rule states that DOE intends to amend its policies regarding NEPA review of certain imports and exports under the Natural Gas Act. DOE is proposing changes to its procedures based on the legal principle found in Pub. Citizen and Sierra Club that NEPA review does not include review of environmental effects that an agency has no discretion over. See Dep’t […]