Infrastructure
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 […]
Shale Law Weekly Review—Week of October 3, 2022
National Energy Policy: EPA Establishes New Environmental Justice Office ⚡
On September 24, 2022, the U.S. Environmental Protection Agency announced the creation of the new Office of Environmental Justice and External Civil Rights. The Office will manage the $3 billion climate and environmental justice program created by the Inflation Reduction Act. The EPA created the Office by merging its Office of Environmental Justice, External Civil Rights Compliance Office, and Conflict Prevention and Resolution Center.
Oil and Gas Regulation: Lawsuit Challenges BOEM Approvals of California Oil Rigs
On September 29, 2022, the Center for Biological Diversity filed a complaint in the […]
Shale Law Weekly Review – Week of July 12, 2021
Infrastructure: California Court Dismisses Lawsuit Against California Natural Gas Infrastructure Ban ⚡
On July 6, 2021, the U.S. District Court for the Northern District of California issued an order dismissing a lawsuit brought by the California Restaurant Association against the city of Berkeley for the city’s recent natural gas infrastructure ban. California Restaurant Association v. City of Berkeley, No. 4:19-cv-07668. The ban, “Prohibition of Natural Gas Infrastructure in New Buildings,” (No. 7,672–N.S. Chapter 12.80) prohibits natural gas infrastructure in new buildings within the city. The ban was passed on July 16, 2019, by the Council of the City […]
Shale Law Weekly Review – July 21, 2020
Pipelines: Court of Appeals Grants Administrative Stay Temporarily Halting Shutdown of Dakota Access Pipeline
On July 14, 2020 the U.S Court of Appeals for the District of Columbia Circuit issued an administrative stay, temporarily halting a District Court order to shutdown and empty the Dakota Access Pipeline. (Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, No. 20-5197). Previously, on July 6, 2020, the District Court for the District of Columbia ordered that the Dakota Access Pipeline be emptied and shut down within 30 days. (district court case No. 16-1534, p. 24). Then, on July 9, 2020, the District Court denied an […]
