Infrastructure
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 9, 2024
Public Health: The Environmental Protection Agency Releases New Draft Framework and Seeks Public Comment on Public Health Impacts on Communities ⚡
On November 21, 2024, the Environmental Protection Agency (EPA) released a draft framework for principles that EPA will reference when making decisions that can impact the health and environment of communities, especially Tribal and Indigenous peoples. The EPA’s draft is entitled “Interim Framework for Advancing Consideration of Cumulative Efforts.” The draft aims to help the EPA incorporate meaningful impacts on public health in Tribes and communities by using the public’s input. Cumulative impacts which are defined as “the […]
Shale Law Weekly Review—Week of September 3, 2024
Pipelines: U.S. Court of Appeals for the District of Columbia Vacates Four of the Pipeline Hazardous Materials Safety Administration’s Safety Standards for Pipelines ⚡
On August 16, 2024, in a case regarding safety standards for pipelines, the U.S. Court of Appeals for the District of Columbia vacated four safety standards promulgated by the Pipeline Hazardous Materials Safety Administration (PHMSA) in its opinion. Interstate Natural Gas Association of America v. PHMSA, et al, Docket No. 23-01173. At issue were five safety standards, four of which the court agreed were inadequate and one which was proper. First, the court discussed the “High-Frequency-ERW […]
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 January 22, 2024
Infrastructure: $625 Million in Grants Announced to Expand Electric Vehicle Charging Infrastructure ⚡
On January 11, 2024, the Department of Energy Office (DOE) of Energy Efficiency and Renewable Energy (EERE) announced $625 million in grants to expand the infrastructure of charging capabilities for electronic vehicles. These grants are provided through the Charging and Fueling Infrastructure (CFI) Discretionary Grant Program. The noted goal of this round of grants is to construct around “500,000 publicly available chargers by 2030.” The announced grants include $311 million awarded from the Federal Highway Administration to 36 community projects to bolster electric vehicle charging and hydrogen […]
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 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 July 03, 2023
Post-Production Costs: Title: District Court Denies Diversified’s Motion for Judgment on the Pleadings in Abandoned Wells Class Action Suit ⚡
On Thursday, June 1, 2023, the United States District Court for the Northern District of West Virginia denied Defendant Diversified Energy Co.’s (Diversified) Motion for Judgment on the Pleadings in the case of McEvoy v. Diversified Energy Co. PLC. Plaintiffs had filed a class action against Diversified, alleging Diversified had a duty to plug and decommission thousands of abandoned gas wells in West Virginia. On May 10, 2023, Diversified filed a Motion for Judgment on the Pleadings for Failure to […]
Shale Law Weekly Review—Week of January 9, 2023
State Regulation: DEP Report Finds Pattern of Non-Compliance Among PA Oil and Gas Well Operators ⚡
On December 29, 2022, the Pennsylvania Department of Environmental Protection (DEP) released a report on the status of compliance with DEP regulations among oil and gas well operators, as a result of a request made by Governor Tom Wolf. The report, prepared by DEP’s Office of Oil and Gas Management, examined abandonment of wells and failures to report on waste production and mechanical integrity. The report found “significant non-compliance” over the past five years, going so far as to say failure to report was […]
Shale Law Weekly Review—Week of October 24, 2022
National Energy Policy: Department of Energy Oil Sale and Repurchasing Policies Announced ⚡
On October 18, 2022, a fact sheet posted on the White House website announced a Notice of Sale by the Department of Energy to release up to 15 million barrels of oil from the Strategic Petroleum Reserve (SPR), beginning on October 19, 2022. The purpose of the release is to lower energy costs, according to a press release by the DOE. Additionally, the DOE finalized a rule to repurchase crude oil for the SPR once the price oil is “at or below about $67-$72 per […]
