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Shale Law Weekly Review – March 23, 2020

Federal Lands: Ohio District Court Rules that Wayne National Forest Leasing Decisions Failed to Account for Impacts of Hydraulic Fracturing
On March 13, 2020, the U.S. District Court for the Southern District of Ohio ruled that the decision to lease land for mineral extraction in the Wayne National Forest (Forest) failed to account for the impacts of hydraulic fracturing. (Center for Biological Diversity v. U.S. Forest Service, No. 2:17-cv-372).  In October 2016, the Bureau of Land Management (BLM) issued an Environmental Assessment with a Finding of No Significant Impact on lands proposed for leasing in the Marietta Unit of the Forest.  In […]

March 23rd, 2020|Tags: , , , , |

Shale Law Weekly Review – March 16, 2020

LNG Infrastructure: FERC Issues Final Environmental Impact Statement for Alaska LNG Project
On March 6, 2020, The Federal Energy Regulatory Commission issued a Final Environmental Impact Statement (EIS) for the Alaska LNG Project (Project).  The Final EIS concluded that the project would cause some impacts to the environment that could be reduced or mitigated through various proposed measures.  However, FERC found that some permanent impacts of the Project would be significant and adverse to permafrost, wetlands, and forests in Alaska’s North Slope area.  The project would also likely adversely affect six federally listed species: the spectacled eider, polar bear, bearded seal, Cook […]

March 16th, 2020|Tags: , , , |

Shale Law Weekly Review – January 20, 2020

Climate Change: Federal Court Dismisses Climate Change Lawsuit for Lack of Standing
On January 17, 2020, the U.S. Court of Appeals for the 9th Circuit dismissed the Juliana v. United States climate change case, sending it back to the district court on the grounds that the children and youth plaintiffs did not meet Article III standing requirements (Juliana et al. v. United States of America, No. 6:15-cv-01517).  In September 2015, a group of youth and children brought legal actions in the U.S. District Court for Oregon against the United States, alleging that the federal government failed to respond to climate change and should now […]

January 20th, 2020|Tags: , , , , |

Shale Law Weekly Review – December 9, 2019

LNG Exports: FERC Approved Four LNG Projects in Texas
On November 21, 2019, the Federal Energy Regulatory Commission (FERC) approved construction of four liquefied natural gas (LNG) projects and their associated facilities in Texas.  These projects include the Texas LNG Brownsville Project, a project involving the construction and operation of new LNG export facilities along the Brownsville Ship Channel in Cameron County, with an export capacity of approximately 4 million metric tonnes per annum (MMtpa).  Two of the new LNG facilities will be the Rio Grande Terminal Project and the Annova LNG Brownsville Project, both located in the Port of Brownsville.  These […]

December 9th, 2019|Tags: , , , |

Shale Law Weekly Review – November 25, 2019

Municipal Regulation: Town of Brookline, Massachusetts Prohibits New Fossil Fuel Infrastructure for Building Construction
On November 21, 2019, the Town of Brookline, Massachusetts, adopted Article 21 amending the Town General By-Laws and prohibiting the use of fossil fuel infrastructure meant for major renovation or new building projects.  It is specified in Article 21 that such prohibition applies only to renovation in which more than 50% of the surface of the building undergoes renovation. Article 21 provides for some exceptions, including fuel for backup generators and portable propane.  According to the explanation published on the town’s website, this ban aims to protect […]

November 25th, 2019|Tags: , , |

Shale Law Weekly Review – September 30, 2019

Pipelines: PHMSA Issues Three Final Rules Reinforcing Pipeline Safety Standards
On September 24, 2019, U.S. Secretary of Transportation Elaine L. Chao announced in a press release that the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued three major final rules relating to federal pipeline safety.  The three final rules include the gas transmission rule, the hazardous liquid rule, and the “Enhanced Emergency Order Procedures” rule.  The gas transmission rule requires operators to confirm the Maximum Allowable Operating Pressure of older pipelines.  In addition, this rule requires additional reporting and record retention standards.  The […]

September 30th, 2019|Tags: , , |

Shale Law Weekly Review – September 9, 2019

Municipal Regulation: Adams County, Colorado Approves Changes to Oil and Gas Regulations
On September 3, 2019, the Adams County Board of Commissioners voted to approve changes to the county’s oil and gas regulations.  The new regulations were approved following the implementation of Colorado’s Senate Bill 19-181, which expanded the power of local governments to implement oil and gas regulations that address impacts to public health and the environment.  The new regulations include safety requirements, operational standards, and information on obtaining permits for new oil and gas facilities.  Board Chair Steve O’Dorisio said in a statement, “[O]ur staff has […]

September 9th, 2019|Tags: , , , |

Shale Law Weekly Review – June 17, 2019

Municipal Regulation: PA Appeals Court Rules that Grandmother Lacks Standing to Challenge Natural Gas Well Location
On June 6, 2019, the Commonwealth Court of Pennsylvania upheld a trial court ruling that a grandmother concerned over her granddaughter’s health lacked standing to challenge the location of a natural gas well site (Worthington v. Mount Pleasant Township, No. 1149 C.D. 2018). The Plaintiff, Jane Worthington, was denied party status at a Mount Pleasant Township Board of Supervisors (Board) hearing regarding approval of a conditional use permit for the well site. Ms. Worthington requested party status to contest the location of […]

June 17th, 2019|Tags: , |

Shale Law Weekly Review – June 4, 2019

State Regulation: Oregon Senate Passes Oil and Gas Moratorium Bill
On May 29, 2019, the Oregon Senate passed a bill which will ban oil and gas production and exploration within the state for the next five years.  The bill, HB 2623, creates a five year moratorium on hydraulic fracturing but exempts natural gas storage wells, geothermal, and existing coal bed methane wells.  The Senate version of the bill decreased the original length of the moratorium from the House version of the bill which would have prohibited oil and gas exploration for ten years.  The Senate changes to the bill must […]

June 4th, 2019|Tags: , , |

Shale Law Weekly Review – April 29, 2019

LNG Exports: Driftwood LNG Export Project Receives FERC Authorization
On April 18, 2019, the Federal Energy Regulatory Commission granted its authorization for the proposed Driftwood LNG export project to be constructed south of Lake Charles, Louisiana.  When the project is completed, it is expected to have an export capacity of up to 27.6 million tons of liquefied natural gas per year and will serve both domestic and foreign markets. The project will include the construction of a 96-mile pipeline, a 3.4-mile lateral pipeline, and fifteen meter stations.  The project will also include three new compressor stations to transport […]

April 29th, 2019|Tags: , |