LNG Exports
Shale Law Weekly Review—Week of March 3, 2025
Water Quality: EPA Approves Class VI Primacy Application for West Virginia ⚡
On February 18, 2025, the Environmental Protection Agency (EPA) announced their approval of West Virginia’s Class VI primacy application for injecting CO2 into “deep rock formations.” The EPA approved the application under the Safe Drinking Water Act, finding that West Virginia is “best positioned to protect underground sources of drinking water while bolstering energy independence and dominance.” According to the announcement, West Virginia is the fourth state to receive Class VI primacy since 2018. Additionally, the announcement stated that the EPA Administrator will begin “fast-track[ing]” Class VI primacy […]
Shale Law Weekly Review—Week of February 3, 2025
LNG Infrastructure: D.C. Circuit Court of Appeals Vacates PHMSA’s Rule on LNG Rail Transportation ⚡
On January 17, 2025, the Court of Appeals for the District of Columbia vacated the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) rule that allowed LNG rail transportation without a permit. Sierra Club, et al v. DOT, et al, Docket No. 20-01317 (D.C. Cir. Aug 18, 2020). The petitioners argued that PHMSA was required to prepare an environmental impact statement (EIS) in order to comply with the National Environmental Policy Act (NEPA). The court agreed with the petitioner’s assertion, finding that the PHMSA’s failure to […]
Shale Law Weekly Review—Week of January 6, 2025
LNG Exports: DOE Releases Updated Study on LNG Exports and Invites Public Comment ⚡
On December 17, 2024, the U.S. Department of Energy (DOE) released the 2024 LNG Export Study: Energy, Economic, and Environmental Assessment of U.S. LNG Exports. The long-awaited study examines the potential effects on domestic households, consumers, economy, and energy security by U.S. LNG exports, as well as the exports’ effects on communities near LNG export terminals and production facilities. According to the Secretary of Energy’s statement, the study will help inform the DOE’s public interest analysis when making LNG export decisions where the U.S. has […]
Shale Law Weekly Review—Week of August 26, 2024
Oil and Gas Leasing: Bureau of Land Management Receives Nearly $24 Million in Bids for Oil and Gas Lease Sales in Montana and North Dakota ⚡
On August 7, 2024, the Bureau of Land Management (BLM) conducted a sale for oil and gas leases in the Montana and Dakotas region. The BLM received 264 bids and $23,935,772 in high bids for the 26 parcels, adding up to 5,570 acres, in the Montana-Dakotas Region. The lease sale had its public scoping period from December 28, 2023, to January 29, 2024, and the BLM released its decision record on August […]
Shale Law Weekly Review—Week of July 29, 2024
LNG Exports: D.C. Federal Court Orders Environmental Assessment for Commonwealth LNG Project ⚡
On July 16, 2024, the U.S. Court of Appeals for the District of Columbia Circuit issued a per curiam order granting in part and denying in part petitions to review the Federal Energy Regulatory Commission’s (FERC) approval of a proposed Gulf Coast LNG project by Commonwealth LNG. Healthy Gulf v. FERC, No. 23-1069 (D.C. Cir. 2024). The petitioners, five environmental groups, argued that FERC did not properly address National Environmental Policy Act (NEPA) and Natural Gas Act (NGA) requirements, nor did it properly “determine […]
Shale Law Weekly Review—Week of June 24, 2024
GHG Emissions: Department of Energy Publishes Guidance for Zero Emissions Buildings ⚡
On June 6, 2024, the U.S. Department of Energy (DOE) published a document titled “National Definition of a Zero Emissions Building.” The guidance document provides a standardized definition by identifying the minimum criteria for a building to be considered zero-emissions as the following: “(1) energy efficient, (2) free of on-site emissions from energy use, and (3) powered solely from clean energy.” In its announcement, DOE states that this standardized definition “will help advance next-generation clean energy solutions, drive innovation, and tackle the climate crisis, while supporting […]
Shale Law Weekly Review—Week of February 26, 2024
Methane Emissions: DOE and EPA Announce Intent to Fund Methane Mitigation ⚡
On February 9, 2024, the Department of Energy (DOE) and the Environmental Protection Agency (EPA) announced their intent to make Inflation Reduction Act funds available for mitigating methane, a “super pollutant.” The Methane Emissions Reduction Program will seek to target the oil and natural gas supply chain by funding projects to reduce emissions at existing wells and assets, while also developing new mitigation technologies and measuring systems to aid in identifying and fixing methane leaks. These projects will include collaboration between the oil and gas sector and DOE […]
Shale Law Weekly Review—Week of February 12, 2024
National Energy Policy: DOE Finalizes Efficiency Standards for Cooking Products ⚡
On January 29, 2024, pursuant to a Congressional directive, the Department of Energy (DOE) issued a direct final rule updating energy efficiency standards for residential cooking products. The DOE stated that these updates will reduce household utility costs over a period of thirty years by $1.6 billion, while preserving “consumer-desired features” and improving appliance performance. The updates echo the joint recommendation of a variety of interested parties, including appliance manufacturing, energy efficiency, and consumer advocacy groups. DOE states that most stove models on the market today already […]
Shale Law Weekly Review—Week of September 25, 2023
GHG Emissions: California Senate Passes New Emissions Disclosure Requirements for Billion-Dollar Businesses ⚡
On September 11, 2023, the California Senate approved Senate Bill 253, which will require all private and public companies operating in California with a total revenue of $1 billion or more to comply with new disclosure requirements that reflect the emissions disclosure standards outlined in the Greenhouse Gas Protocol (GHG Protocol). SB-253 seeks to enforce the “globally recognized GHG accounting and reporting standards” of the GHG Protocol, a system of guidance developed by the World Resources Institute and the World Business Council for Sustainable Development. Beginning in […]
Shale Law Weekly Review—Week of August 21, 2023
LNG Exports: Environmental Groups Petition Federal Appeals Court Over DOE Order Approving the Alaska LNG Project ⚡
On August 11, 2023, the Sierra Club and the Center for Biological Diversity filed a petition in the U.S. Court of Appeals for the District of Columbia Circuit seeking to reverse the Biden administration’s approval of Alaska LNG Project. The Department of Energy (DOE) approved the project in an order on April 13, 2023, and denied petitioners previous request for a rehearing. The environmental groups argue that the project, pursued by the state-owned Alaska Gasline Development Corp., would contribute to excessive […]
