LNG Infrastructure
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 […]
Shale Law Weekly Review—Week of May 22, 2023
Air Quality: The EPA Announces Proposed Standards for Carbon Emissions from Fuel Fired Power Plants ⚡
On Thursday, May 11, 2023, the U.S. Environmental Protection Agency (EPA) announced a proposed rule which would impose new standards for carbon emissions for coal and natural gas power plants. The EPA is proposing these new standards under the Clean Air Act, providing “emission limits and guidelines for carbon dioxide (CO2) from fossil fuel-fired power plants.” The proposed standards and guidelines are aimed to enhance public health by helping to reduce particulate matter and other harmful air pollutants. The EPA will be opening […]
Shale Law Weekly Review—Week of May 01, 2023
LNG Infrastructure: FERC Approves Two LNG Projects in Brownsville, Texas ⚡
On Friday, April 21, 2023, the Federal Energy Regulatory Commission (FERC) authorized the construction and operation of two major liquid natural gas projects proposed by LNG companies in Brownsville, Texas. In their first order, FERC found the LNG project proposed by Rio Grande LNG to be consistent with the public interest and in compliance with the commission’s analysis of environmental justice impact. Similarly, in their second order, FERC found that the project proposed by Texas LNG, after taking into account the social cost of carbon and the potential […]
Shale Law Weekly Review—Week of March 13, 2023
Pipelines: US Fish and Wildlife Service Finds Mountain Valley Pipeline Unlikely to Threaten Existence of Five Regional Species ⚡
On Monday, March 1, 2023, the United States Fish and Wildlife Service (FWS) published a revised impact assessment for the proposed Mountain Valley Pipeline, a 304-mile natural gas pipeline that will span from the Wetzel County region of West Virginia to the Pittsylvania County region of Virginia. In their assessment, the FWS’s conducts jeopardy analyses for five particular species of plant and animals that inhabit the region across which the pipeline will be constructed. The overall “rangewide status” of the species […]
Shale Law Weekly Review—Week of November 22, 2021
Pipelines: Bridger Pipeline, LLC Agrees to Pay $2 million to Montana in Natural Resources Damages Caused by Pipeline Spill Incident
On November 17, 2021, the United States and the state of Montana filed a lawsuit against Bridger Pipeline, LLC, the owner of the Poplar Pipeline, seeking recovery of damages for injury caused by a pipeline break and spill into the Yellowstone River in January 2015. USA, et al. v. Bridger Pipeline, LLC, USDC Montana, No. 1:21-cv-122. The same day, the parties agreed to settle the dispute through the payment of $2 million to Montana. A press release from […]
Shale Law Weekly Review – Week of September 27, 2021
Pipelines: PennEast Pipeline Co. LLC Withdraws Eminent Domain Claims and Halts Pipeline Project ⚡
In a notice sent to the Third Circuit Court of Appeals on September 20, 2021, PennEast Pipeline Co. LLC, in agreement with New Jersey Attorney General’s Office, decided to withdraw all eminent-domain claims on 42 parcels of state-owned land. In re: PennEast Pipeline Co LLC, No. 19-1191. This agreement puts an end to the PennEast Pipeline Project despite a recent U.S. Supreme Court’s decision allowing PennEast Pipeline Co. LLC to condemn state-owned properties in New Jersey. SLWR – July 5, 2021, “National Policy: Supreme […]
Shale Law Weekly Review – Week of August 9, 2021
LNG Infrastructure: Court Orders FERC to Review Climate Change Impacts of Texas Liquefied Natural Gas Terminals
On August 3, 2021, the United States Court of Appeals for the District of Columbia Circuit issued an opinion finding that the Federal Energy Regulatory Commission (FERC) failed to sufficiently address the impacts of three liquefied natural gas (LNG) export terminals located in Cameron County, Texas. Vecinos Para el Bienestar De La Comunidad Costera, et al. v. Federal Energy Regulatory Commission, No. 20-1045. The case was brought by several environmental groups that argued FERC’s review of the LNG projects’ climate change impacts did […]
