LNG Exports
Shale Law Weekly Review – December 22, 2020
Pipelines: Maryland Board of Public Works Approves Wetlands License for Underground Pipeline Construction
On December 2, 2020, the Maryland Board of Public Works unanimously voted to issue a Wetlands License to Eastern Shore Natural Gas Pipeline Company to construct and operate an underground pipeline spanning seven miles beneath South Prong Wicomico River. In considering whether to issue the license, the Board had to determine the extent of the pipeline project’s impact on wetlands. At the meeting, a representative of the Maryland Department of Environment recommended that the Board approve the license with certain conditions relating to drilling fluid pressure limits, […]
Shale Law Weekly Review – December 18, 2020
LNG Exports: Department of Energy Issues Rule Modifying Requirements for Environmental Review on LNG Projects
On December 4, 2020, the U.S. Energy Department published a final rule in the Federal Register (85 FR 78197) that would modify environmental reviews requirements for some liquified natural gas (LNG) projects under the National Environmental Policy Act (NEPA). The new rule relieves the Department of Energy from having to conduct environmental reviews in connection with some aspects of exporting and importing LNG with non-Free Trade Agreement countries. For example, the Department of Energy will no longer review potential environmental impacts stemming from construction and […]
Shale Law Weekly Review – November 9, 2020
Pipelines: Michigan Limits Scope of Hearings on Enbridge Line 5 Tunnel
On October 23, 2020, the Michigan Office of Administrative Hearings and Rules issued a ruling on the Motion in Limine submitted by Enbridge to limit the scope and evidence presented in upcoming hearings before the Michigan Public Service Commission regarding construction of Line 5 under the Straits of Mackinac. In the decision, the agency determined that it was necessary for the Commission to consider the Utility Tunnel’s design, construction, and operation in the construction of the pipeline. The Commission must also consider the Utility Tunnel to determine that Enbridge has undertaken […]
Shale Law Weekly Review – August 7, 2020
National Energy Policy: EPA Issues Final Rule Revising Permit Appeal Process
On July 22, 2020, the U.S. Environmental Protection Agency (EPA) issued a final rule that revises the agency’s permit appeal process. (40 CFR Parts 1, 49, 71, and 124). The final rule affects permits issued by the EPA under the Clean Air Act, Clean Water Act, Safe Drinking Water Act, and the Resources Conservation and Recovery Act. (rule summary). The final rule amends the Environmental Appeals Board’s (EAB) scope for review of decisions limiting review to “findings of fact and conclusions of law that are clearly erroneous.” The rule also establishes time […]
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 […]
Shale Law Weekly Review – July 13, 2020
Pipelines: Supreme Court Issues Order Regarding Nationwide Permit 12 Pipeline Approvals
On July 6, 2020, the U.S. Supreme Court issued an Order regarding the Army Corps of Engineers Nationwide Permit 12 (NWP 12) pipeline approvals. (U.S. Army Corps of Engineers v. Northern. Plains Res. Council, No. 19A1053). The Supreme Court’s order stays a May 2020 district court order that had put a hold on NWP 12 approvals for new pipeline construction. Although the Supreme Court stayed the injunction on NWP 12 approvals in general, it did not lift the injunction that the May 2020 order placed specifically on the Keystone XL pipeline NWP […]
Shale Law Weekly Review – June 5, 2020
LNG Exports: FERC Approves Alaska LNG Project
On May 21, 2020, the Federal Energy Regulatory Commission (FERC) approved a project for the construction and operation of liquified natural gas (LNG) export facilities. The Alaska Gasline Development Corporation (AGDC) applied for FERC approval of the LNG project under section 3 of the Natural Gas Act. FERC approved the project after agreeing with the conclusions in the Final Environmental Impact Statement that was prepared to meet the requirements of the National Environmental Policy Act. The FERC order included an Appendix of 165 environmental conditions that AGDC must follow in their construction and operation […]
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 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 […]
Shale Law Weekly Review – August 26, 2019
Pipelines: Court of Appeals Rejects Challenge to Water Discharge Permit for Atlantic Sunrise Pipeline
On August 15, 2019, the U.S. Court of Appeals for the Third Circuit denied a petition to review Pennsylvania’s Department of Environmental Protection’s approval of a hydrostatic testing permit for the Atlantic Sunrise pipeline (Delaware Riverkeeper Network v. Sec’y Pennsylvania Dep’t of Envtl. Prot., No. 17-3299). As described by the court, hydrostatic testing is a “process by which water is pumped into pipes to check them for strength or leaks.” A hydrostatic testing permit was granted to Transcontinental Gas Pipe Line Company, operator of […]
