Keystone XL Pipeline
Shale Law Weekly Review – May 4, 2020
Pipelines: Federal District Court Denies Stay Regarding Keystone XL Pipeline Permit Decision
On April 28, 2020, the U.S. District Court for the District of Montana denied a request to stay an April 15, 2020, order issued by the court to vacate a Nationwide Permit 12 (NWP) for the Keystone XL pipeline. (Northern Plains Resource Council v. U.S. Army Corps of Engineers, No. CV-19-44-GF-BMM). The U.S. Army Corps of Engineers filed the request for partial stay pending appeal of the case and requested an expedited briefing on the issue. (order p. 1). The Corps specifically requested that paragraphs five and six of the April 15th […]
Shale Law Weekly Review – April 21, 2020
LNG Infrastructure: Texas Environmental Commission Grants Air Permit for Annova LNG Facility
On April 8, 2020, the Texas Commission on Environmental Quality granted an air quality permit for Annova’s liquified natural gas (LNG) common infrastructure facility. The Commission approved the permit during an online meeting (item called 1:09:13). The Commission received nine requests for hearing on the matter. Two of the requests failed to submit timely comments and were thus denied on statutory procedural grounds. The Commission stated that the remaining seven requesters lived too far from the proposed site for the air quality to affect them differently than the general […]
Shale Law Weekly Review – January 27, 2020
Trespass by Fracture: Pennsylvania Supreme Court Addresses Trespass by Hydraulic Fracturing
On January 22, 2020, the Supreme Court of Pennsylvania issued a decision addressing the application of the Rule of Capture to unconventional oil and gas development in Pennsylvania. (Briggs v. Southwestern Energy Production, No. 63 MAP 2018). Briggs filed a complaint against Southwestern asserting conversion and trespass claims due to the alleged drainage of natural gas from their property resulting from hydraulic fracturing activities conducted at Southwestern wells on adjacent property. Southwestern responded by arguing that the Rule of Capture barred the Briggs’ claims. In 2017, the Court of Common Pleas dismissed […]
Shale Law Weekly Review – September 3, 2019
Pipelines: Nebraska Supreme Court Rules Keystone XL Pipeline Route is in the Public Interest
On August 23, 2019, the Nebraska Supreme Court affirmed the Nebraska Public Service Commission’s (NPSC) determination that the Keystone XL pipeline’s alternative route is in the public interest (In re Application No. OP-0003, No. S-17-1331). Landowners and environmental groups intervened, bringing this appeal after NPSC approved the “mainline alternative route” (MAR) for TransCanada’s Keystone XL pipeline. Addressing the issues raised by the appellants, the court found that NPSC had jurisdiction to consider TransCanada’s application; that TransCanada “met its burden of proof;” that NPSC “properly […]
Shale Law Weekly Review – July 8, 2019
Municipal Regulation: Boulder County Approves Temporary Moratorium on New Oil and Gas Development Applications
On June 28, 2019, the Board of County Commissioners (Board) approved Resolution 2019-59 (Resolution), issuing a temporary moratorium on new oil and gas development applications and seismic testing in Boulder County, Colorado, according to the county’s press release. The moratorium was issued in response to SB 19-181 titled, Protect Public Welfare Oil and Gas Operations, which was signed into law on April 16, 2019. The new state law gives local governments more authority to regulate oil and gas land use in order to minimize the […]
Shale Law Weekly Review – June 11, 2019
Public Lands: Audit Finds Pennsylvania Failed to Collect Royalties from Oil and Gas Companies Developing on State Game Lands
On May 23, 2019, The Pennsylvania Auditor General released a Performance Audit Report (audit) for the Pennsylvania Game Commission (Commission), finding the Commission failed to adequately track oil and gas royalties from producers operating on state game lands. The audit lists several issues it found in the Commission’s accounting practices regarding the collection and monitoring of royalties owed. These issues include relying on data submitted by oil and gas producers without confirming the data’s accuracy, failing to audit producers […]
Shale Law Weekly Review – April 2, 2019
State Regulation: Pennsylvania Bill Amending Well Permit Requirements Advances
On March 26, 2019, House Bill 828 was reported by the Environmental Resources and Energy Committee of the Pennsylvania House of Representatives. The bill proposes to amend Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes to allow for several changes to the well permitting process. Specifically, the bill would allow drillers to apply for a multi-well pad permit. The bill would also allow drillers to apply for a one-year, two-year, or three-year permit, rather than limiting drillers to a one-year permit. In addition, operators would be allowed to […]
