Methane Emissions
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2020 rule titled, Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review, rescinded methane-specific requirements of the 2016 new source performance standards.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 […]
Shale Law Weekly Review – November 2, 2020
Pipelines: Federal Judge Permits Construction of Keystone XL Pipeline to Continue at Border
On October 16, 2020, the U.S District Court for the District of Montana issued an order denying renewed motions for a temporary restraining order and preliminary injunction filed by environmental groups seeking to stay all approvals that had been issued and to enjoin all pre-construction and construction activities for the Keystone XL Pipeline System. The District Court concluded that petitioners, Indigenous Environmental Network and North Coast Rivers Alliance, failed to show both a likelihood of success on the merits and that they are likely to suffer irreparable injury […]
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 […]
