LNG Exports
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 […]
Shale Law Weekly Review – August 5, 2019
Pipelines: Appeals Court Vacates Biological Opinion and Incidental Take Statement for Atlantic Coast Pipeline
On July 26, 2019, the U.S. Court of Appeals for the Fourth Circuit vacated a decision by the U.S. Fish and Wildlife Service (FWS) regarding endangered species potentially affected by the construction of the Atlantic Coast Pipeline (Defenders of Wildlife v. U.S. Dep’t of the Interior, No. 18-2090). The Petitioners – Defenders of Wildlife, Sierra Club, and Virginia Wilderness Committee – filed suit after FWS issued a Biological Opinion and Incidental Take Statement for the pipeline. The Biological Opinion concluded that two species, the […]
Delayed or Abandoned LNG Export Projects in the United States: Louisiana, Maine, and Texas
Written by Chloe Marie – Research Specialist
In May 2017, we wrote three articles addressing the then-pending and approved applications for LNG export projects in the United States. Since that time, many legal developments have occurred and so we will once again provide a discussion of LNG export developments through a multi-part series.
The first two articles in the series addressed approved applications for LNG export projects in the United States with the first article providing an overview on the development of six projects in Louisiana and the second one focusing on five projects in Texas and one project in Georgia that […]
Existing LNG Export Facilities in the United States: Alaska, Louisiana, Texas, and Maryland
Written by Chloe Marie – Research Specialist
In May 2017, we wrote three articles addressing the then-pending and approved applications for LNG export projects in the United States. Since that time, many legal developments have occurred and so we will once again provide a discussion of LNG export developments through a planned five-part series.
The first two articles in the series addressed approved applications for LNG export projects in the United States with the first article providing an overview on the development of six projects in Louisiana and the second one focusing on five projects in Texas and one project in Georgia […]
