Hydraulic Fracturing
Shale Law Weekly Review—Week of February 12, 2024
National Energy Policy: DOE Finalizes Efficiency Standards for Cooking Products ⚡
On January 29, 2024, pursuant to a Congressional directive, the Department of Energy (DOE) issued a direct final rule updating energy efficiency standards for residential cooking products. The DOE stated that these updates will reduce household utility costs over a period of thirty years by $1.6 billion, while preserving “consumer-desired features” and improving appliance performance. The updates echo the joint recommendation of a variety of interested parties, including appliance manufacturing, energy efficiency, and consumer advocacy groups. DOE states that most stove models on the market today already […]
Shale Law Weekly Review—Week of December 12, 2022
Hydraulic Fracturing: Delaware River Basin Commission Votes to Ban Wastewater Discharge from Hydraulic Fracturing ⚡
On December 7, 2022, the Delaware River Basin Commission announced it had voted 4-0, with the federal government abstaining, to ban the discharge of wastewater into the Delaware River Basin from hydraulic fracturing. The rule also “discourages, limits, and places conditions on” the importation of water into the Basin. The rule will go into effect 30 days after publication in the Federal Register.
GHG Emissions: DOE Announces Proposed Rule to Decarbonize Federal Buildings
On December 7, 2022, the U.S. Department of Energy announced it had […]
Shale Law Weekly Review—Week of September 26, 2022
Hydraulic Fracturing: Delaware River Basin Hydraulic Fracturing Moratorium Upheld ⚡
On September 16, 2022, the U.S. Court of Appeals for the Third Circuit issued an opinion affirming that a coalition of Pennsylvania state legislators did not have standing to challenge the Delaware River Basin Commission’s moratorium on natural gas extraction. Yaw, et al. v. Del. River Basin Comm’n, Case No. 21-2315. The court found that the moratorium had not “cognizably harmed” the coalition but noted that other parties had standing to challenge the moratorium and that the legislatures could lobby the Commission or produce legislation.
GHG Emissions: Interagency MOU to Reduce […]
Shale Law Weekly Review—Week of July 18, 2022
Hydraulic Fracturing : Conservation Group Files Lawsuit Against EPA Over Colorado Permit Requirements ⚡
On July 12, 2022, the Center for Biological Diversity filed a petition in the U.S. Court of Appeals for the Tenth Circuit, asking the court to review the EPA’s final action approving the state of Colorado’s permit program requirements. Ctr. for Biological Diversity v. EPA. The final action was published in the Federal Register May 13, 2022. The Center said in a statement that the lawsuit was intended to force the EPA to close a “loophole that allows unlimited air pollution” from drilling and hydraulic […]
Shale Law Weekly Review—Week of June 13, 2022
Hydraulic Fracturing: Ninth Circuit Grants Summary Judgment Against Federal Agencies in Offshore Drilling Case ⚡
On June 3, 2022, the U.S. Court of Appeals for the Ninth Circuit affirmed a grant of summary judgment to environmental groups, the State of California, and the California Coastal Commission (together, “plaintiffs”) in their lawsuit against federal agencies including the U.S. Department of the Interior, Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement (together, “defendants”). Environmental Defense Center, et al. v. Bureau of Ocean Energy Management, et al., No. 19-55526. The Ninth Circuit held that the defendants “violated environmental […]
Shale Law Weekly Review – Week of June 21, 2021
Economic Development: Maine Passes Law Requiring State Divestment of Fossil Fuel Securities ⚡
On June 16, 2021, the Governor of Maine signed into law L.D. 99 (H.P. 65), titled “An Act to Require the State to Divest Itself of Assets Invested in the Fossil Fuel Industry.” The act prohibits the Treasurer of State (Treasurer) from investing in the stocks, bonds, commercial paper, or securities of any fossil fuel company and requires the Treasurer to review the holdings of the Maine Public Employees Retirement System and completely divest any fossil fuel-related holdings by January 1, 2026. The law requires the […]
Delaware River Basin Commission Finalizes Regulations Prohibiting High-Volume Hydraulic Fracturing Operations Within River Basin
Written by Ross H. Pifer and Chloe J. Marie.
On February 25, 2021, the Delaware River Basin Commission adopted final regulations banning high-volume hydraulic fracturing operations within the Delaware River Basin through an amendment of the Commission’s Comprehensive Plan. This action culminates a process that was initiated more than a decade ago when the Commission began to consider regulations that would address the impacts of natural gas development on waters within the Basin. In this article, we will discuss the content of the final regulations as well as the rulemaking process that led to the promulgation of the final regulations and […]
Shale Law Weekly Review – April 7, 2020
National Energy Policy/Public Health: EPA Announces Temporary Policy Change for Environmental Compliance Obligations Amid Covid-19
On March 26, 2020, the U.S. Environmental Protection Agency (EPA) announced a temporary policy change for environmental compliance obligations amid the Covid-19 outbreak. EPA recognized that many firms under environmental compliance obligations may have had changing circumstances due to Covid-19 social distancing protocols that restrict the ability to continue with normal business operations. The policy’s scope is intended to address staff shortages that may affect laboratory services, reporting and emissions requirements, or management of hazardous waste and drinking water. EPA outlined enforcement discretion for civil violations in […]
Shale Law Weekly Review – February 17, 2020
Economic Development: Pennsylvania Congress Approves Energy Manufacturing Tax Credit
On February 4, 2020, Pennsylvania’s House and Senate approved HB 1100, amending the 1971 Tax Reform Code and establishing a tax credit for natural gas “purchased and used in manufacturing of petrochemicals or fertilizers.” The bill was sponsored by Representative Aaron Kaufer as part of the “Energize PA Legislative Package.” According to the House co-sponsorship memoranda, the bill is “designed to make Pennsylvania attractive to outside businesses, create family-sustaining jobs and provide economic benefits to underserved regions.” The bill would create a tax credit for manufacturers that use natural gas to produce petrochemicals or fertilizers, invest […]
