LNG Infrastructure
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 December 2, 2024
Methane Emissions: EPA Finalizes Methane Emissions Fee for Oil and Gas Sector ⚡
On November 12, 2024, the U.S. Environmental Protection Agency (EPA) issued a final rule implementing a Waste Emissions Charge (WEC) on certain oil and gas operations. The WEC will apply to high-emitting oil and gas facilities, defined as those reporting to the Greenhouse Gas Reporting Program annual emissions exceeding 25,000 metric tons of carbon dioxide equivalent. This rule was issued under a Congressional directive of the Inflation Reduction Act requiring the EPA to implement and collect the fees, as well as provide for appropriate exemptions where emissions […]
Shale Law Weekly Review—Week of September 9, 2024
Public Lands: DOI Withdraws 28 Million Acres of Alaska Public Lands from Development ⚡
On August 29, 2024, the U.S. Department of Interior (DOI) Land Management Bureau published a Public Land Order in the Federal Register reinstating protections for approximately 28 million acres of public lands across the state of Alaska. (89 FR 70204). These protections, called “withdrawals,” were established pursuant to Section 17(d)(1) of the Alaska Native Claims Settlement Act of 1971. The protections were revoked in January 2021 under the Trump Administration. BLM analyzed the possible effects of revoking the withdrawals and found […]
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 15, 2024
LNG Infrastructure: Western District of Louisiana Blocks the White House’s Pause on Issuing LNG Export Permits ⚡
On July 1, 2024, the Western District of Louisiana issued a judgment, ordering White House officials to resume approving LNG export applications for “liquefied natural gas to non-FTA countries . . . .” In the memorandum ruling, the court concluded that the Plaintiffs had standing to bring the action to court and that the Plaintiffs be granted a preliminary injunction. The preliminary injunction will be granted for “the LNG Export Ban [to] be stayed in its entirety, effective immediately.” The court determined […]
Shale Law Weekly Review—Week of June 03, 2024
LNG Infrastructure: FERC Approves Pre-Filing Environmental Review Process for Gulfstream LNG’s Louisiana Project ⚡
On May 16, 2024, the Federal Energy Regulatory Commission (FERC) approved Gulfstream LNG Development, LLC’s (Gulfstream) request for the use of FERC’s pre-filing environmental review process. The new Gulfstream LNG Terminal Project will be in Plaquemines Parish, Louisiana (docket number PF24-5). The planned construction includes: “a new liquefied natural gas (LNG) export facility with gas processing facilities; three LNG trains; one LNG storage tank; two marine loading births; and one on-site power generation plant.” Gulfstream states that the project will export 4 million […]
Shale Law Weekly Review—Week of October 9, 2023
National Energy Policy: The White House Publishes Directive on the Social Cost of Greenhouse Gases in Guiding Executive Agency Decisions ⚡
On September 21, 2023, the White House published a fact sheet directing federal agencies to consider the Social Cost of Greenhouse Gases (SC-GHG) when making budgeting decisions, during procurement processes, and in National Environmental Policy Act (NEPA) related environmental reviews. The fact sheet noted that these directives stem from recommendations made by an Interagency Working Group (IWG) charged with analyzing the impacts of SC-GHG pursuant to Executive Order 13990. According to the directive, accounting for the SC-GHG […]
Shale Law Weekly Review—Week of October 2, 2023
Oil and Gas Leasing: Louisiana District Court Orders BOEM to Hold Offshore Lease Sale Without Additional Protections for Endangered Whales ⚡
On Thursday, September 21, 2023, the West District Court of Louisiana granted a Motion for Preliminary Injunction filed by the state of Louisiana and three oil companies in their lawsuit against the government and several environmental justice groups. The suit arose after the Bureau of Ocean Energy Management (BOEM) withdrew six million acres from Lease Sale 261, a proposed lease on the Outer Continental Shelf in the Gulf of Mexico, and restricted “vessel activity in the lease area” to […]
Shale Law Weekly Review—Week of September 18, 2023
Oil and Gas Leasing: DOI Cancels Oil and Gas Leases in the Arctic National Wildlife Refuge ⚡
On September 6, 2023, the U.S. Department of the Interior announced it is cancelling oil and gas leases in the Arctic National Wildlife Refuge (ANWR) that were originally issued in a 2021 lease sale. See “Notice of 2021 Coastal Plain Alaska Oil and Gas Lease Sale and Notice of Availability of the Detailed Statement of Sale, 85 Fed. Reg. 78,865 (Dec. 7, 2020).” The leases encompassed over 430,000 acres, divided into nine tracts. Pursuant to this announcement, the Bureau of Land Management […]
Shale Law Weekly Review—Week of September 11, 2023
LNG Infrastructure: The Department of Transportation Suspends LNG Rail Transportation ⚡
On September 1, 2023, the U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) published a rule in the Federal Register suspending a previously published final rule that allowed for the transportation of liquified natural gas (LNG) by rail cars. The PHSMA’s stated purpose is to conduct a review of the Hazardous Materials Regulation’s (HMR) procedures for managing LNG rail transportation to ensure safety and avoid potential risk. This suspension is temporary and will remain in effect until modifications are made to the current […]
