GHG Emissions
Shale Law Weekly Review—Week of March 3, 2025
Water Quality: EPA Approves Class VI Primacy Application for West Virginia ⚡
On February 18, 2025, the Environmental Protection Agency (EPA) announced their approval of West Virginia’s Class VI primacy application for injecting CO2 into “deep rock formations.” The EPA approved the application under the Safe Drinking Water Act, finding that West Virginia is “best positioned to protect underground sources of drinking water while bolstering energy independence and dominance.” According to the announcement, West Virginia is the fourth state to receive Class VI primacy since 2018. Additionally, the announcement stated that the EPA Administrator will begin “fast-track[ing]” Class VI primacy […]
Shale Law Weekly Review—Week of January 27, 2025
Climate Change: New York Court Dismisses Climate Change Suit Against ExxonMobil, Shell, and BP ⚡
On January 15, 2025, the Supreme Court of the State of New York in the County of New York dismissed a suit brought by the City of New York (“the City”) against ExxonMobil, Shell, and BP. The City of New York v. ExxonMobil Corp., et al, Doc. No. 232 (Supreme Court of New York, County of New York, Commercial Division Part 45, 2025). The City brought two causes of action against the three defendant companies: “(1) violation of the [City’s Consumer Protection Law (CPL)] by […]
Shale Law Weekly Review—Week of December 16, 2024
Electricity Generation: Department of Energy Announces Funding for Marine Energy and Offshore Wind Research and Development ⚡
On December 4, 2024, the Department of Energy (DOE) announced over eighteen million dollars in funding for select research and development projects on marine energy and offshore wind. The projects are being run at seventeen universities including Oregon State, Rutgers, The University of Michigan, and Boston University. The projects focus on marine energy development, especially relating to data collection, testing, device efficiency and device design.
Environmental Impact Study: FAA Asks D.C. Circuit Court to Reconsider NEPA Decision
On November 27, 2024, Respondents, the Federal Aviation […]
Shale Law Weekly Review—Week of August 5, 2024
National Energy Policy: Circuit Court Upholds EPA Regulation of Biogas Producers ⚡
On July 19, 2024, the U.S. Court of Appeals for the District of Columbia upheld EPA regulations on biogas producers after challenges from the Coalition for Renewable Energy. Coal. for Renewable Nat. Gas v. EPA, No. 23-1248, 2024 BL 246802 (D.C. Cir. July 19, 2024). The Coalition challenged the EPA’s recent regulation of renewable biomass, claiming the EPA’s regulations were arbitrary and lacked proper authority, claiming that 42 USC 7545: Regulation of fuels does not allow for regulation of biogas producers. The Court found in the EPA’s […]
Shale Law Weekly Review—Week of July 22, 2024
GHG Emissions: DC Court Denies Challenge to EPA’s Recent Emissions Rule ⚡
On July 9, 2024, the U.S. District Court for the District of Columbia denied a motion filed by twenty-four states to stay the recent rule promulgated by the Environmental Protection Agency (EPA) regulating greenhouse gases (GHGs) and volatile organic compounds (VOCs) emissions by oil and gas companies. State of Texas v. EPA, No. 24-1054. In the original complaint, the plaintiff states argued that EPA’s rule, which went into effect on May 7, 2024, was “onerous” and that it would cost states millions of dollars to […]
Shale Law Weekly Review—Week of June 24, 2024
GHG Emissions: Department of Energy Publishes Guidance for Zero Emissions Buildings ⚡
On June 6, 2024, the U.S. Department of Energy (DOE) published a document titled “National Definition of a Zero Emissions Building.” The guidance document provides a standardized definition by identifying the minimum criteria for a building to be considered zero-emissions as the following: “(1) energy efficient, (2) free of on-site emissions from energy use, and (3) powered solely from clean energy.” In its announcement, DOE states that this standardized definition “will help advance next-generation clean energy solutions, drive innovation, and tackle the climate crisis, while supporting […]
Shale Law Weekly Review—Week of April 29, 2024
Public Lands: DOI and BLM Issue Final Conservation and Leasing Rule for Public Lands ⚡
On April 18, 2024, the Department of the Interior (DOI) and the Bureau of Land Management (BLM) announced a final rule relating to the BLM’s management and conservation of public lands. The Public Lands Rule mandates that the BLM manage the landscape of public lands as a whole with land health in mind, in order to protect watersheds, local ecosystems, and wildlife habitats. The Rule also provides for restoration leases seeking to restore degraded lands, and mitigation leases, which will allow lessees to offset […]
Shale Law Weekly Review—Week of April 15, 2024
National Energy Policy: USDA Funds Clean Energy Projects for PA Farmers and Rural Businesses ⚡
On March 28, 2024, the U.S. Department of Agriculture (USDA) announced it will be investing $5.69 million in 31 energy efficiency and renewable energy projects across 12 Pennsylvania counties. This investment is part of the March announcement of $120 million in Inflation Reduction Funds being allocated across 44 states through the Rural Energy for America Program (REAP). The USDA stated that selected REAP projects help farmers and rural business owners “lower energy costs, generate new income and create jobs” by utilizing clean energy and increasing […]
Shale Law Weekly Review—Week of March 25, 2024
GHG Emissions: Texas Brings Suit in D.C. Circuit Court over EPA Methane Rule ⚡
On Friday, March 8, 2024, the State of Texas petitioned the D.C. Circuit Court of Appeals to review a final rule officially published to the Federal Register by the Environmental Protection Agency (EPA) on the same day. The EPA first announced the final rule on December 2, 2023, which has a stated primary objective of “sharply reduc[ing] emissions of methane and other harmful air pollution from oil and natural gas operations.” The rule aims to reduce air pollution emissions from both new and existing […]
Shale Law Weekly Review—Week of March 18, 2024
GHG Emissions: SEC Adopts New Climate Risk and Emissions Disclosure Rule ⚡
On March 6, 2024, the Securities and Exchange Commission (SEC) adopted a new rule which will require publicly traded companies to disclose to potential investors their climate risks and levels of greenhouse gas emissions. These companies must report all climate risks that have had or will have a material impact on their business in some way, including financial condition, operations, and outlook. Companies will also be required to identify any mitigation or adaptation activities they have adopted to counteract the climate risks, and what the cost of those […]
