GHG Emissions
Shale Law Weekly Review – Week of May 3, 2021
Methane Emissions: U.S. Senate Passes Resolution Disapproving Emissions Standards Rule ⚡
On April 28, 2021, the U.S. Senate passed a resolution disapproving the 2020 oil and gas emissions standards rule. The 2020 rule titled, Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review, rescinded methane-specific requirements of the 2016 new source performance standards. (85 FR 57018). The resolution must also be passed by the U.S. House of Representatives before being sent to the President for his signature. If the resolution is signed into law, the resolution will reinstate the 2016 new source performance […]
Shale Law Weekly Review – Week of April 12, 2021
GHG Emissions: U.S. Court of Appeals Vacates EPA Rule that Regulated Source Categories for Greenhouse Gas Emissions ⚡
On April 5, 2021, the U.S. Court of Appeals for the District of Columbia Circuit vacated an Environmental Protection Agency (EPA) Rule that regulated source categories for greenhouse gas (GHG) emissions. (State of California v. EPA, No. 21-1035). The EPA rule titled, Pollutant-Specific Significant Contribution Finding for Greenhouse Gas Emissions From New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units, and Process for Determining Significance of Other New Source Performance Standards Source Categories, was published in the Federal Register on January […]
Shale Law Weekly Review – Week of April 5, 2021
GHG Emissions: New Mexico Commission Implements New Venting and Flaring Requirements ⚡
On March 25, 2021, the New Mexico Oil Conservation Commission approved a rule regulating venting and flaring in order to reduce natural gas waste. The proposed final rule includes regulations for venting and flaring during drilling, completion, and production operations. The rule requires operators to reduce the annual volume of natural gas that is vented or flared in order to capture at least ninety-eight percent of the natural gas produced. The reduction in volume must be obtained by December 31, 2026. The rule also includes performance, measurement, […]
Shale Law Weekly Review – Week of March 29, 2021
Pipelines / Water Quality: Court of Appeals Denies Review of FERC Order Regarding Water Quality Certification for Natural Gas Pipeline Project ⚡
On March 23, 2021, the U.S. Court of Appeals for the Second Circuit denied a petition to review a Federal Energy Regulatory Commission (FERC) order regarding the water quality certification for the Northern Access 2016 pipeline project (Pipeline Project). (New York State Dep’t of Envt’l Conservation v. FERC, No. 19-1610). The New York State Department of Environmental Conservation (DEC) filed a petition for review after FERC ordered that DEC waived their authority to rule on water quality certification […]
Shale Law Weekly Review – Week of February 22, 2021
GHG Emissions: White House Council Rescinds 2019 Draft Guidance Regarding Greenhouse Gas Emissions ⚡
On February 19, 2021, the White House Council on Environmental Quality (CEQ) published a notice in the Federal Register rescinding 2019 Draft Guidance regarding greenhouse gas (GHG) emissions. The CEQ was established by the National Environmental Policy Act to advise the president on environmental matters. The 2019 Draft Guidance was meant to provide Federal Agencies with standards of how to evaluate GHG emissions for major federal actions. The 2019 guidance provided that federal agencies should consider “foreseeable” impacts of GHG emissions, but should preclude […]
Shale Law Weekly Review – Week of February 1, 2021
Pipelines: Court of Appeals Affirms Lower Court’s Decision to Vacate Easement for Dakota Access Pipeline
On January 26, 2021, the U.S. Court of Appeals for the District of Columbia Circuit affirmed a lower court ruling vacating the subsurface easement used by Dakota Access Pipeline (DAPL) to traverse beneath Lake Oahe. (Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, No. 20-1597). Previously, on July 6, 2020, the U.S. District Court for the District of Columbia vacated the DAPL easement and ordered that the Dakota Access Pipeline be emptied and shut down within 30 days. (District Court Case No. […]
Shale Law Weekly Review – September 25, 2020
Pipelines: Court Orders Additional Briefing on Continued Operation of Dakota Access Pipeline
On September 11, 2020, U.S. District Court for the District of Columbia issued an order requesting additional briefing to be submitted to it in Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers. (Case Number 16-1534 (JEB)). The parties’ additional briefs will assist the court in determining whether it should issue an injunction preventing the Dakota Access pipeline, spanning 1,272 miles, from operating. In the order, the district court denied the U.S. Army Corps’ request to pause the litigation while the Corps decides whether to allow the pipeline to continue operating, a […]
Shale Law Weekly Review – June 5, 2020
LNG Exports: FERC Approves Alaska LNG Project
On May 21, 2020, the Federal Energy Regulatory Commission (FERC) approved a project for the construction and operation of liquified natural gas (LNG) export facilities. The Alaska Gasline Development Corporation (AGDC) applied for FERC approval of the LNG project under section 3 of the Natural Gas Act. FERC approved the project after agreeing with the conclusions in the Final Environmental Impact Statement that was prepared to meet the requirements of the National Environmental Policy Act. The FERC order included an Appendix of 165 environmental conditions that AGDC must follow in their construction and operation […]
Shale Law Weekly Review – April 14, 2020
Biofuels: Court of Appeals Denies Request for Rehearing on Renewable Fuel Standard Exemptions
On April 7, 2020, the U.S. Court of Appeals for the Tenth Circuit denied a request for rehearing from small oil refineries regarding renewable fuel standard exemptions. (NCGA news release, Renewable Fuels Association v. EPA, No. 18-9533). The request was filed in response to a January 2020 ruling by the court that vacated the Environmental Protection Agency’s (EPA) extension of renewable fuel standard exemptions to three small oil refineries. (Jan. Order, pg. 99). EPA issued a news release stating that it planned to implement the court’s January decision once […]
Shale Law Weekly Review – October 7, 2019
GHG Emissions: Pennsylvania Joins Regional Greenhouse Gas Initiative
On October 3, 2019, Governor Tom Wolf signed Executive Order Commonwealth Leadership in Addressing Climate Change through Electric Sector Emissions Reductions. The order directs the Pennsylvania Department of Environmental Protection (DEP) to join the Regional Greenhouse Gas Initiative (RGGI) and create a similar carbon dioxide budget. RGGI reduces greenhouse gas emissions with a cap-and-trade program for electric power plants. Each of the 9 states in the initiative sets a cap on total allowable emissions, and power plants in these states must purchase credits […]
