Methane Emissions
Shale Law Weekly Review – September 25, 2020
Pipelines: Court Orders Additional Briefing on Continued Operation of Dakota Access Pipeline
On September 11, 2020, U.S. District Court for the District of Columbia issued an order requesting additional briefing to be submitted to it in Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers. (Case Number 16-1534 (JEB)). The parties’ additional briefs will assist the court in determining whether it should issue an injunction preventing the Dakota Access pipeline, spanning 1,272 miles, from operating. In the order, the district court denied the U.S. Army Corps’ request to pause the litigation while the Corps decides whether to allow the pipeline to continue operating, a […]
Shale Law Weekly Review – August 25, 2020
LNG Infrastructure: Fourteen States Petition Court to Review Agency Rule Allowing LNG To Be Transported by Rail
On August 18, 2020, fourteen states petitioned the U.S. Federal Court of Appeals for the District of Columbia to review the final rule issued by the Pipeline and Hazardous Materials Safety Administration (PHSMA), Department of Transportation. The final rule allows for liquefied natural gas (LNG) to be transported by rail tank car and is scheduled to take effect on August 24, 2020. The states allege that the final rule is unlawful under the Administrative Procedure Act, the Hazardous Materials Transportation Act, and the National Environmental Policy […]
Shale Law Weekly Review – August 19, 2020
Production and Operation: Texas Railroad Commission Proposes Amendments to Application for Exception to State Flaring Rule
On August 4, 2020, the Railroad Commission of Texas (RRC) announced they will be accepting public comments on proposed amendments to the application for exception to a state flaring rule. The RRC proposal would amend the Statewide Rule 32 Exception Data Sheet Application for Exception to Statewide Rule 32. According to RRC, the application is filed by operators when requesting authority to flare or vent gas. The amendments will require thorough documentation of flaring circumstances and more information to ensure compliance with RRC regulations. RRC will be accepting public comments […]
Shale Law Weekly Review – July 28, 2020
Public Lands: Federal Court Vacates BLM Rule Revising Natural Gas Venting and Flaring Requirements
On July 15, 2020, the U.S. District Court for the Northern District of California vacated a Bureau of Land Management (BLM) rule that revised natural gas waste prevention requirements. (State of California v. Bernhardt, No. 4:18-cv-05712-YGR). In 2016, BLM promulgated a rule (2016 rule) to “reduce waste of natural gas from venting, flaring, and leaks” on land with Federal and Indian leases. In 2018, BLM issued a new rule (2018 rule) that revised and rescinded some of the regulations in the 2016 rule. The District Court concluded […]
Shale Law Weekly Review – May 4, 2020
Pipelines: Federal District Court Denies Stay Regarding Keystone XL Pipeline Permit Decision
On April 28, 2020, the U.S. District Court for the District of Montana denied a request to stay an April 15, 2020, order issued by the court to vacate a Nationwide Permit 12 (NWP) for the Keystone XL pipeline. (Northern Plains Resource Council v. U.S. Army Corps of Engineers, No. CV-19-44-GF-BMM). The U.S. Army Corps of Engineers filed the request for partial stay pending appeal of the case and requested an expedited briefing on the issue. (order p. 1). The Corps specifically requested that paragraphs five and six of the April 15th […]
Shale Law Weekly Review – January 7, 2020
Water Quality: Wyoming Department of Environmental Quality Publishes Report on Pavillion Water Wells
On December 23, 2019, the Wyoming Department of Environmental Quality (WDEQ) published findings as part of the investigation into the drinking water wells in Pavillion, Wyoming. The report is entitled, Final Pavillion, Wyoming Gas Field Domestic Water Wells Report on Recommendations for Further Investigation Pavillion, Wyoming. In the report, WDEQ focused on two recommendations, including additional sampling for bacterial populations which involved evaluating geochemical/biomarkers such as total dissolved solids, sulfide, and methane. The report also analyzed water samples for volatile organic compounds, semi-volatile organic compounds, and […]
Shale Law Weekly Review – November 11, 2019
National Energy Policy: United States Initiates Withdrawal Process from the Paris Agreement
On November 2, 2019, U.S. Secretary of State Mike Pompeo issued a statement that the Department of State formally notified the United Nations that the United States will withdraw from the Paris Agreement. According to Secretary Pompeo, the United States will be officially out of the agreement within one year after the delivery of the notification. U.S. President Donald Trump first indicated his intention to withdraw from the agreement on June 1, 2017, arguing that the agreement puts the country at a competitive disadvantage in the global marketplace. […]
Shale Law Weekly Review – November 4, 2019
Production and Operation: Pennsylvania Legislature Passes Bill Allowing Horizontal Cross-Tract Drilling
On October 30, 2019, the Pennsylvania legislature passed Senate Bill No. 694, which would amend the Oil and Gas Lease Act and authorize operators to drill horizontal wellbores across multiple leased tracts. This law would apply only where the operator has a lease with the landowner of each tract, and the operator is required to allocate production among the various landowners. SB 694 has been presented to Governor Tom Wolf but has not yet been signed. If signed, SB 694 would become effective sixty days from enactment.
Pipelines: Landowners […]
Shale Law Weekly Review – September 3, 2019
Pipelines: Nebraska Supreme Court Rules Keystone XL Pipeline Route is in the Public Interest
On August 23, 2019, the Nebraska Supreme Court affirmed the Nebraska Public Service Commission’s (NPSC) determination that the Keystone XL pipeline’s alternative route is in the public interest (In re Application No. OP-0003, No. S-17-1331). Landowners and environmental groups intervened, bringing this appeal after NPSC approved the “mainline alternative route” (MAR) for TransCanada’s Keystone XL pipeline. Addressing the issues raised by the appellants, the court found that NPSC had jurisdiction to consider TransCanada’s application; that TransCanada “met its burden of proof;” that NPSC “properly […]
