GHG Emissions
Shale Law Weekly Review—Week of February 19, 2024
Air Quality: EPA Bolsters Soot Pollution Standards Following Air Quality Concerns ⚡
On Tuesday, February 7, 2024, the Environmental Protection Agency (EPA) published a final rule with new Particulate Matter (PM) standards that were decided on after reconsidering the 2020 National Ambient Air Quality Standards (NAAQS). As stated in the document, the EPA has revised the NAAQS by decreasing the standard for fine particulate matter (PM2.5), otherwise known as soot, from 12 micrograms per cubic meter to 9 micrograms per cubic meter. The EPA explains that this newly lowered standard was agreed upon after reviewing extensive scientific research on the […]
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 January 1, 2024
GHG Emissions: U.S. Treasury Provides New Guidance on Sustainable Aviation Fuel Credits ⚡
On December 13, 2023, the Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) published Notice 2024-6, which contains additional guidance on how to qualify for sustainable aviation fuel (SAF) tax credits defined under Section 40B of the Internal Revenue Code. According to Section 40B, to qualify for credit, a SAF must have a minimum reduction in lifecycle greenhouse gas emissions of at least fifty percent. Additionally, a supplemental credit in the amount of one cent per percent can be earned for each reduction […]
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 13, 2023
GHG Emissions: PA Commonwealth Court Finds State Membership in Carbon Emissions Trading Alliance Illegal ⚡
On Wednesday, November 1, 2023, the Commonwealth Court of Pennsylvania granted a request for declaratory and injunctive relief filed by numerous private companies and individuals in the fossil fuel industry acting as petitioners in a lawsuit against the Pennsylvania Department of Environmental Protection (DEP). Bowfin Keycon Holdings, LLC v. Pennsylvania Department of Environmental Protection (No. 247 M.D. 2022.) The original petition for declaratory and injunctive relief was brought against the DEP for its allegedly illegal participation in a carbon emissions trading alliance known as the […]
Shale Law Weekly Review—Week of November 6, 2023
Oil & Gas Leasing: Alaska Challenges DOI’s Cancellation of Leases in Alaska National Wildlife Refuge ⚡
On October 18, 2023, the Alaska Industrial Development and Export Authority (ADIEA), a public corporation owned by the State of Alaska, sued DOI for cancelling its leases in the Alaska National Wildlife Refuge (ANWR). Alaska Indus. Dev. & Export Auth. v. U.S. Dep’t of the Interior, No. 1:23-cv-03126 (D.D.C. Oct. 18, 2023). The leases were initially suspended by the Department of the Interior (DOI) in 2021, and later cancelled on September 16, 2023. ADIEA seeks to overturn the DOI’s decision to cancel […]
Shale Law Weekly Review—Week of October 23, 2023
Infrastructure: DOE Announces Phase 1 Award Winners in Buildings UP Program ⚡
On October 11, 2023, the Department of Energy (DOE) Office of Energy Efficient and Renewable Energy (EERE) announced $22 million in awards through its Buildings Upgrade Prize (Buildings UP). The Building Up program awards groups developing building upgrades focusing on energy efficiency and greenhouse gas reduction, among other goals. These most recent awards were distributed under Building Up Phase 1 which identified groups, governments, and businesses developing “building energy upgrades.” Phase 1 winners were designated to either Equity-Centered Innovation or Open Innovation groups and will move on […]
Shale Law Weekly Review—Week of September 25, 2023
GHG Emissions: California Senate Passes New Emissions Disclosure Requirements for Billion-Dollar Businesses ⚡
On September 11, 2023, the California Senate approved Senate Bill 253, which will require all private and public companies operating in California with a total revenue of $1 billion or more to comply with new disclosure requirements that reflect the emissions disclosure standards outlined in the Greenhouse Gas Protocol (GHG Protocol). SB-253 seeks to enforce the “globally recognized GHG accounting and reporting standards” of the GHG Protocol, a system of guidance developed by the World Resources Institute and the World Business Council for Sustainable Development. Beginning in […]
Shale Law Weekly Review—Week of August 7, 2023
Methane Emissions: White House Holds Methane Summit ⚡
On Wednesday, July 26, 2023, the White House released a fact sheet describing the White House Methane Summit, which was held that day. The Summit focused on strategies to reduce methane emissions and with a focus on methane leaks from the oil and gas industry. The fact sheet also announced the creation of a Cabinet-level White House Methane Task Force, which will aid in the implementation of the U.S. Methane Emissions Reduction Action Plan. The Summit examined the following topics: “Detecting Emissions Using Innovative Technology,” “Taking Common-Sense Actions to Mitigate Methane […]
Shale Law Weekly Review—Week of May 15, 2023
Pipelines: DOT Proposes New Pipeline Leak Detection Rules ⚡
On Friday, May 5, 2023, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration proposed a new rule aimed at improving the detection and repair of leaks from old gas pipelines. The rule will take advantage of the $196 million in grants that were provided on April 5, 2023, to create the necessary jobs to repair, replace, and rehabilitate over 2.7 million miles of pipelines. As explained in the most recent announcement, if the actions proposed in rule are finalized, an approximate $2.3 billion in annual benefits […]
