International Development
Shale Law Weekly Review—Week of May 6, 2024
International Development: European Parliament Approves the Net-Zero Industry Act ⚡
On Thursday, April 25, 2024, the members of the European Parliament voted to approve the Net-Zero Industry Act, which will create “a framework of measures for strengthening Europe’s net-zero technology products manufacturing ecosystem.” The proposal was adopted with “361 votes to 121, with 45 abstentions,” and it will become law after being formally adopted by the Council of the European Union (EU). According to the adopted text, the primary purpose of the act is to incentivize the production and implementation of renewable technologies that will support the EU’s industrial […]
Shale Law Weekly Review—Week of April 8, 2024
Federal Lands: Interior Department Finalizes BLM Rule to Reduce Natural Gas Waste from Oil & Gas Production on Federal and Tribal Lands ⚡
On Wednesday, March 27, 2024, the Department of the Interior announced a final rule to the Federal Register that was originally proposed by the Bureau of Land Management (BLM) on November 30, 2022. The objective of the new rule is “to reduce the waste of natural gas from venting, flaring, and leaks during oil and gas production activities on Federal and Indian leases.” Additionally, the rule will provide royalty payments to public and Indian mineral owners when […]
Shale Law Weekly Review—Week of April 1, 2024
Wildlife Habitat: Bureau of Land Management Proposes Changes to Sage-Grouse Conservation and Management ⚡
On March 14, 2024, the Bureau of Land Management (BLM) announced it was proposing to “strengthen greater sage-grouse conservation and management on public lands,” which spans across eleven western states, including California, Colorado, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. BLM subsequently published a Notice of Availability of the Draft Resource Management Plan Amendment and Environmental Impact Statement for Greater Sage-Grouse Rangewide Planning, 89 Fed. Reg. 18,963 (March 15, 2024). The Draft EIS considers six alternatives, noting Alternative 5 as […]
Shale Law Weekly Review—Week of January 8, 2024
Pipelines: Michigan Public Services Commission Approves Upgrades to Enbridge Energy LP’s Pipeline in the Straits of Mackinac ⚡
On December 1, 2023, the Michigan Public Services Commission (Commission) announced the approval of an application filed by Enbridge Energy LP to replace segments of their pipeline on the lakebed of the Straits of Mackinac with a single pipeline dug into a tunnel below the lakebed. The Commission noted that the project met a public need to provide customers with fuel by cost-effective and safe means and to preserve the lake’s ecology by avoiding other less safe transportation methods. The Commission also […]
Shale Law Weekly Review—Week of February 20, 2023
State Regulation: RRC Updates Requirements for New Disposal Well Permits in the Permian Basin ⚡
On February 7, 2023, the Railroad Commission of Texas (RRC) published updated requirements for new disposal wells permits issued in the Permian Basin. According to the update, new disposal wells must be equipped with gauges for “bottomhole pressure monitoring” in order to be permitted. This applies to both deep and shallow disposal wells in the Permian Basin. The data collected daily from these gauges must be reported on a monthly basis to the RRC, including injection pressure, volume, and rate. This information will be made […]
Shale Law Weekly Review—Week of December 19, 2022
GHG Emissions: Environmental Groups File Lawsuit Against EPA Seeking Updated Nitrogen Oxide Emissions Standards ⚡
On December 7, 2022, the Environmental Defense Fund and Sierra Club filed a lawsuit in the U.S. District Court for the Northern District of California challenging the Environmental Protection Agency’s failure to update 2006 air pollution standards for stationary combustion turbines. Env’t Def. Fund v. EPA, Case No. 3:22-cv-7731. The lawsuit cites the EPA’s duty to review and revise the air pollution standards under the Clean Air Act every eight years and asks the court to require the EPA to do so.
National Energy Policy: Multiple […]
Shale Law Weekly Review—Week of September 12, 2022
Oil and Gas Regulation: Court Upholds North Dakota Claim of Underpaid Gas Royalties ⚡
On September 1, 2022, the North Dakota Supreme Court, in a unanimous decision, upheld the state of North Dakota’s claim against Newfield Exploration Company for underpaid gas royalties. Newfield Expl. Co. v. North Dakota, et al., Case No. 20220022. The ND Supreme Court held that the lower court improperly focused on the state’s inability to prove breaches of oil and gas leases, rather than focusing on the state’s damages and Newfield’s defenses. The case was remanded to state district court.
Oil and Gas Leasing: Court Upholds Wyoming […]
Shale Law Weekly Review—Week of September 5, 2022
Oil and Gas Regulations: Interior Department Issues $560 Million for Well Plugging ⚡
On August 25, 2022, the U.S. Department of the Interior announced it had issued an initial $560 million to 24 states to plug and remediate abandoned oil and gas wells. Funding will also allow for research, equipment, inspections, and data collection to better find and address these orphaned wells. Over 129,000 wells have been listed as abandoned and over 10,000 are marked as a priority for state efforts. This funding is part of the $1.15 billion “Phase One” funding announced in January for states to plug abandoned […]
Shale Law Weekly Review – Week of September 20, 2021
State Regulation: Los Angeles County Board of Supervisors Unanimously Votes to Phase Out Oil and Gas Development ⚡
On September 15, 2021, the County of Los Angeles Board of Supervisors unanimously voted on a motion to prohibit new oil and gas development within the county. In that regard, the Board requested the Los Angeles County Department of Regional Planning (DRP) to modify the pending Draft Oil Well Ordinance for unincorporated Los Angeles County to reflect that ban. Additionally, the Board also agreed to initiate a process to phase out existing oil and gas drilling in the unincorporated areas of the […]
Shale Law Weekly Review – Week of July 19, 2021
State Regulation: Florida Law Prohibits Local Governments from Restricting Fossil Fuels ⚡
On July 1, 2021, Florida’s new law banning the restriction of fuel sources became effective in the state. The law, “Preemption Over Utility Service Restrictions,” prohibits local governments and municipalities from passing ordinances, rules, or any other restrictions on fuel sources. The law states that there can be no restrictions for delivery or use of fuel supplied by natural gas companies, liquefied petroleum gas dealers, and others. The bill was signed by the Governor on June 21, 2021.
Hydraulic Fracturing Bans: Pennsylvania Senators will Appeal Case Against DRBC’s […]
