GHG Emissions
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 […]
Shale Law Weekly Review – July 1, 2019
GHG Emissions: Council on Environmental Quality Issues Proposed Draft Guidance to Assist Federal Agencies when Considering Greenhouse Gas Emissions
On June 26, 2019, the U.S. Council on Environmental Quality (CEQ) issued proposed draft guidance on how federal agencies should address greenhouse gas emissions in accordance with the National Environmental Policy Act (NEPA). The guidance titled, Draft National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions, is expected to replace previous guidance that was withdrawn in 2017. The purpose of the guidance is to ensure that major federal actions are in compliance with NEPA, which requires considering environmental […]
Shale Law Weekly Review – May 13, 2019
LNG Exports: FERC Issues Final Environmental Impact Statement for Plaquemines Parish Project
On May 3, 2019, the Federal Energy Regulatory Commission (FERC) announced that it has issued a final environmental impact statement for the proposed Plaquemines LNG and Gator Express Pipeline project (Project). FERC concluded that the Project would result in adverse environmental impacts, but such impacts would be reduced to less than significant levels through impact avoidance, minimization, and mitigation measures. Mitigation measures include compliance with FERC’s Upland Erosion Control, Revegetation, And Maintenance Plan and Wetland and Waterbody Construction […]
Shale Law Weekly Review – May 7, 2019
GHG Emissions: Pennsylvania Joins U.S. Climate Alliance and Releases PA Climate Action Plan
On April 29, 2019, Governor Wolf released the Pennsylvania Climate Action Plan and announced that Pennsylvania will join the U.S. Climate Alliance. Pennsylvania’s Climate Action Plan is a report and climate solution assessment prepared by the Pennsylvania Department of Environmental Protection. It establishes the Green Government Council and recommends 100 actions to reduce emissions. The Plan includes the creation of an efficiency program for natural gas, as well as new policies and practices to reduce emissions from oil and gas operations. In addition, policies under […]
