Methane Emissions
Shale Law Weekly Review—Week of July 31, 2023
Oil and Gas Leasing: BLM Proposes Oil Drilling Royalty Rate Increase ⚡
On Monday, July 24, 2023, the Bureau of Land Management (BLM) proposed a rule that would raise royalty rates for oil drilling on public lands. According to the BLM, the proposed rule conveys the goals of the Inflation Reduction Act. The rule would increase the royalty rate from 12.5 percent to 16.7 percent. Additionally, the rule would set rental fees for oil and gas leases issued in the next ten years at $3/acre for years 1 and 2, $5/acre for years 3 through 8, and $15/acre year 9 […]
Shale Law Weekly Review—Week of March 20, 2023
Methane Emissions: DOE Offers $47 Million to Fund Methane Emissions Reduction Technologies ⚡
On Monday, March 13, 2023, the Department of Energy (DOE) announced $47 million in funding that will be made available for 22 new projects focused on methane emissions reduction. These projects will develop technologies to detect, quantify, and reduce methane emissions in regions of the United States that are oil and natural gas producing. The technologies being developed are categorized into five areas, which involve the mitigation of emissions from oil and gas machinery, monitoring and measuring of emissions from oil and gas facilities, investigation of methane […]
Shale Law Weekly Review—Week of December 5, 2022
Methane Emissions: DOI and BLM Announce Proposed Rule to Limit Methane Emissions on Public Lands ⚡
On November 28, 2022, the U.S. Department of the Interior announced a proposed rule which would place limits on gas flaring on public lands, require technology upgrades where economically feasible, and require leak detection and waste minimization plans by operators. The proposed rule would also compensate the federal government or Indian mineral owners when gas is used for excessive flaring.
GHG Emissions: PA Approves Emergency Rule Limiting VOC Emissions
On November 28, 2022, the Pennsylvania Environmental Quality Board announced that it had adopted an […]
Shale Law Weekly Review—Week of November 21, 2022
Municipal Regulation: Hydrogen and Carbon Capture Developer Sues Louisiana County Over Moratorium on Seismic Surveying and Well Construction ⚡
On November 18, 2022, Air Products Blue Energy filed a lawsuit against Livingston Parish’s government and Council, which had passed an ordinance prohibiting seismic surveying, construction, and drilling of carbon storage wells for one year. The complaint claims the ordinance is invalid under Louisiana state law and seeks injunctive and declaratory relief against the ordinance.
Methane Emissions: EPA Proposes New Emissions Reductions Standards for Oil and Natural Gas
On November 11, 2022, the Environmental Protection Agency announced it had issued a
Shale Law Weekly Review—Week of October 3, 2022
National Energy Policy: EPA Establishes New Environmental Justice Office ⚡
On September 24, 2022, the U.S. Environmental Protection Agency announced the creation of the new Office of Environmental Justice and External Civil Rights. The Office will manage the $3 billion climate and environmental justice program created by the Inflation Reduction Act. The EPA created the Office by merging its Office of Environmental Justice, External Civil Rights Compliance Office, and Conflict Prevention and Resolution Center.
Oil and Gas Regulation: Lawsuit Challenges BOEM Approvals of California Oil Rigs
On September 29, 2022, the Center for Biological Diversity filed a complaint in the […]
Shale Law Weekly Review—Week of August 15, 2022
Pipelines: Crow Creek Pipeline Case Reaches Settlement ⚡
On August 9, 2022, the U.S. District Court for the District of Idaho entered an order approving a settlement and dismissing with prejudice a lawsuit which disputed federal authorization of the Crow Creek Pipeline in the Caribou-Targhee National Forest in Idaho. Yellowstone, et al. v. Bolling, et al., Case No. 4:20-CV-00192-DCN. As a result of the settlement, the U.S. Forest Service agreed it would complete a Supplemental Environmental Impact Statement for the pipeline project, although the settlement does not preclude future challenges under the National Environmental Policy Act.
Methane Emissions: DOE Announces […]
Shale Law Weekly Review—Week of August 1, 2022
Methane Emissions: DCP and EPA Resolve Clean Air Act Lawsuit with Consent Decree ⚡
On July 27, 2022, DCP Operating Company, along with its affiliates, filed notice of a proposed consent decree with the federal government (on behalf of the EPA) and Colorado in a lawsuit alleging DCP violated the Clean Air Act and Colorado air pollution laws. U.S. v. DCP Operating Co., et al., Civil Action No. 1:22-cv-01829-NRN. The initial suit alleged “violations of leak detection and repair requirements” from DCP’s eight natural gas plants in the Denver area. The consent decree would resolve all claims and DCP would […]
Shale Law Weekly Review – Week of May 10, 2021
Pipelines: North Carolina DEQ Reissues Clean Water Act Certification Denial for Mountain Valley Pipeline’s Southgate Project ⚡
On April 29, 2021, the North Carolina Department of Environmental Quality’s (DEQ) Division of Water Resources announced its second denial of 401 Water Quality Certification and Jordan Lake Buffer Authorization for the Southgate Extension of the Mountain Valley Pipeline (MVP). DEQ’s reissuance of denial follows the U.S. Court of Appeals for the Fourth Circuit’s March 2021 vacatur and remand of the agency’s August 2020 denial, which instructed DEQ to “explain why the Department chose denial over conditional certification.” […]
Shale Law Weekly Review – Week of May 3, 2021
Methane Emissions: U.S. Senate Passes Resolution Disapproving Emissions Standards Rule ⚡
On April 28, 2021, the U.S. Senate passed a resolution disapproving the 2020 oil and gas emissions standards rule. The 2020 rule titled, Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review, rescinded methane-specific requirements of the 2016 new source performance standards. (85 FR 57018). The resolution must also be passed by the U.S. House of Representatives before being sent to the President for his signature. If the resolution is signed into law, the resolution will reinstate the 2016 new source performance […]
Shale Law Weekly Review – November 13, 2020
Methane Emissions: Texas Approves Revisions to Data Sheet to Collect More Information on Flaring
On November 4, 2020, the Texas Railroad Commission announced that it had approved revisions to the Statewide Rule 32 Exception Data Sheet. The changes were proposed in August and will compel oil and gas operators to more thoroughly document the reasons for which operators determine their need to flare gas. The new provisions allow the Texas Railroad Commission to assess operator compliance with flaring and venting regulations. The changes will also provide more insight into the practice of flaring and venting by providing a method for collecting […]
