Environmental Impact Studies
Shale Law Weekly Review—Week of November 18, 2024
Environmental Impact Studies: Environmental Assessment Completed for Drilling in the Arctic Wildlife Refuge ⚡
On November 6, 2024, the Biden administration, through the Bureau of Land Management (BLM), released the final environmental analysis for proposed oil and gas drilling in the Arctic Wildlife Refuge, in northeast Alaska. This comes after the Trump Administration’s 2017 Tax Cuts and Jobs Act mandated two sales for the right to drill in the Arctic Refuge. The first sale was held in 2020, and the leases of which were subsequently blocked by the Biden Administration. This second sale, overseen by the Biden Administration, will be […]
Shale Law Weekly Review—Week of August 14, 2023
Production and Operation: The Department of Transportation’s National Highway Traffic Safety Administration Announces New Fuel Economy Standards for Cars and Trucks ⚡
On July 28, 2023, the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has proposed updated fuel economy standards for passenger cars and light trucks. A 60-day public comment period will follow the proposal’s publication. The NHTSA’s suggested rule is intended to align with the Biden-Harris Administration’s commitment to reducing greenhouse gas emissions and air pollution, particularly in marginalized communities. It proposes various improvements, including a 2% annual fuel efficiency increase for cars and 4% […]
Shale Law Weekly Review—Week of May 22, 2023
Air Quality: The EPA Announces Proposed Standards for Carbon Emissions from Fuel Fired Power Plants ⚡
On Thursday, May 11, 2023, the U.S. Environmental Protection Agency (EPA) announced a proposed rule which would impose new standards for carbon emissions for coal and natural gas power plants. The EPA is proposing these new standards under the Clean Air Act, providing “emission limits and guidelines for carbon dioxide (CO2) from fossil fuel-fired power plants.” The proposed standards and guidelines are aimed to enhance public health by helping to reduce particulate matter and other harmful air pollutants. The EPA will be opening […]
Shale Law Weekly Review—Week of April 10, 2023
GHG Emissions: EPA Rubber-stamps New California Regulations for Heavy-duty on Road Vehicles and Engines ⚡
On March 30, 2023, the Environmental Protection Agency (EPA) granted two waiver requests sought by the California Air Resource Board (CARB) pertaining to the regulation of heavy-duty on road vehicles and engines. Specifically, CARB sought a waiver of the federal preemption of motor vehicle emissions regulation under Section 209(b) Clean Air Act. In its decision, the EPA first granted CARB’s 2018 HD Warranty Amendments, which extends the emissions warranty period for heavy-duty diesel vehicles and engines over 14,000 pounds manufactured in 2022 or later. […]
Shale Law Weekly Review—Week of February 6, 2023
Public Health: DOI Publishes Draft Guidance for $500 Million Grant to States for Orphaned Well Cleanup ⚡
On January 30, 2023, the U.S. Department of the Interior (DOI) released draft guidance on the $500 million grant that is being provided to states under the Bipartisan Infrastructure Law for the purpose of orphaned well cleanup. This grant will be used to build the infrastructure and create the jobs necessary for “well site plugging, remediation, and reclamation.” The guidance indicates what information states must provide to receive a “Phase 1 Formula grant,” which includes the allotted $500 million in funding based on […]
Shale Law Weekly Review – Week of March 22, 2021
Pipelines: Court of Appeals Vacates Denial of Clean Water Act Certification for Mountain Valley Pipeline’s Southgate Project ⚡
On March 11, 2021, the U.S. Court of Appeals for the Fourth Circuit vacated North Carolina’s denial of Section 401 Clean Water Act Certification for Mountain Valley Pipeline’s (MVP) Southgate Project. (Mountain Valley Pipeline, LLC v. North Carolina Dep’t of Envtl. Quality, No. 20-1971). North Carolina’s Department of Environmental Quality (DEQ) denied MVP certification due to the uncertainty of MVP’s main pipeline project status. In its decision, DEQ cited the suspended and pending federal permits that MVP needs in order to complete […]
Shale Law Weekly Review – Week of March 15, 2021
Landowner Royalties: Pennsylvania Attorney General Settles Lawsuit Against Chesapeake Energy ⚡
On March 8, 2021, Pennsylvania Attorney General, Josh Shapiro, announced a settlement with Chesapeake Energy to settle litigation related to Chesapeake’s business practices with landowners. The Attorney General initially filed a complaint against Chesapeake alleging that Chesapeake engaged in deceptive and unfair acts that induced landowners to sign leases with them. (Commonwealth of Pennsylvania v. Chesapeake Energy Corp., No. 2015IR0069). The settlement requires Chesapeake to pay landowners a total of $5.3 million in restitution and will allow landowners to change the terms of their existing leases with regard […]
Shale Law Weekly Review – December 18, 2020
LNG Exports: Department of Energy Issues Rule Modifying Requirements for Environmental Review on LNG Projects
On December 4, 2020, the U.S. Energy Department published a final rule in the Federal Register (85 FR 78197) that would modify environmental reviews requirements for some liquified natural gas (LNG) projects under the National Environmental Policy Act (NEPA). The new rule relieves the Department of Energy from having to conduct environmental reviews in connection with some aspects of exporting and importing LNG with non-Free Trade Agreement countries. For example, the Department of Energy will no longer review potential environmental impacts stemming from construction and […]
