National Energy Policy
Shale Law Weekly Review—Week of July 14, 2025
National Energy Policy: Department of Energy Revises NEPA Regulations ⚡
On June 30, 2025, the Department of Energy (DOE) published an interim rule removing its current National Environmental Policy Act (NEPA) regulations and issuing new guidelines. NEPA requires federal agencies to prepare environmental impact statements before approving major projects. This rule would remove NEPA obligations for natural gas imports or exports “to countries with which the United States has a free trade agreement.” Further, NEPA will also only apply to the Federal Energy Regulatory Commission’s (FERC) final actions, not any proposed rules. This rule comes after the Supreme Court’s […]
Shale Law Weekly Review—Week of July 7, 2025
Pipelines: FERC Issues Waivers and Proposes Rule Changes to Expedite Pipeline Development ⚡
On June 18, 2025, the Federal Energy Regulatory Commission (FERC) announced a set of regulatory changes aimed at facilitating the construction of natural gas infrastructure. These regulatory adjustments include the following:
- Order Granting in Part Temporary Waiver of Regulations to Increase Blanket Certificate Cost Limitations re Interstate Natural Gas Association of America under CP25-208,
- Notice of Inquiry re Blanket Certificate Cost Limitations under RM25-12,
- Notice of Proposed Rulemaking re Removal of Regulations Limiting Authorizations to Proceed with Construction Activities Pending Rehearing under RM25-9, and
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Shale Law Weekly Review—Week of June 30, 2025
National Energy Policy: Department of Interior Proposes Rescission of 2024 Alaska Petroleum Reserve Regulations ⚡
On June 2, 2025, the Department of the Interior (DOI) proposed rescinding a May 2024 Biden-era rule restricting development of oil and gas resources in the Alaska Petroleum Reserve. The DOI conducted a review and concluded that the rule titled “Management and Protection of the National Petroleum Reserve in Alaska” violated the Naval Petroleum Reserves Production Act of 1976, and imposes barriers to development. This is another step in carrying out an earlier Executive Order issued by the White House, aimed at accessing […]
Shale Law Weekly Review—Week of May 5, 2025
National Energy Policy: Bureau of Land Management and Office of Management and Budget Consider Rescinding Two Rules ⚡
On April 14, 2025, the Office of Management and Budget (OMB) Office of Information and Regulatory Affairs (OIRA) announced that it, along with the Bureau of Land Management, is reviewing two Rules for possible rescission. Announcement One and Announcement Two. Both the Management and Protection of the National Petroleum Reserve in Alaska Proposed Rule and the Conservation and Landscape Health Rule are being considered for rescission as a part of the Administration’s review of Executive Order 12866 for consistency […]
Shale Law Weekly Review—Week of April 21, 2025
National Energy Policy: Bureau of Land Management Rescinds Environmental Impact Statement Requirement ⚡
On April 11, 2025, the Bureau of Land Management (BLM) rescinded its notice which had required seven states to prepare an environmental impact statement (EIS) for various oil and gas operations. The seven states affected are Colorado, Montana, New Mexico, North Dakota, South Dakota, Utah and Wyoming. The notice comes after both the White House and the Department of the Interior issued orders removing prior regulations related to energy development. By revoking the EIS requirement (set forth under the National Environmental Policy Act), the BLM […]
Shale Law Weekly Review—Week of April 14, 2025
Oil and Gas Leasing: Pennsylvania Superior Court Upholds Choice of Forum Clause in Lease ⚡
On March 20, 2025, the Superior Court of Pennsylvania ruled that the language of an oil and gas lease reserved the choice of forum decision to the lessor. Golden Eagle Res. II LLC v. EQT Prod. Co., Nos. 261 WDA 2024, 413 WDA 2024, 2025 Pa. Super. Unpub. LEXIS 763 (Mar. 24, 2025). Plaintiff Golden Eagle Resources (Golden Eagle) leased its oil and gas interest underneath two properties to LOLA, who subsequently leased it to defendant EQT Production Company (EQT). A provision allowed the […]
Shale Law Weekly Review—Week of April 7, 2025
Environmental Impact Studies: Penn State Research Shows Environmental Benefits from Reusing Abandoned Oil and Gas Wells ⚡
On February 28, 2025, a research article was published in the Journal of Energy Storage titled Underground energy storage using abandoned oil & gas wells assisted by geothermal. The authors explore the potential for abandoned oil and gas wells (AOGWs) to be reused as “containment cells for pressurized air,” a process that may reduce greenhouse gas emissions from AOGWs. Finding that reusing the AOGWs would be beneficial by providing “stability and natural insulation,” the article proposes that AOGWs be used as “inexpensive [compressed […]
Shale Law Weekly Review—Week of March 24, 2025
Methane Emissions: Congress Votes to Eliminate November 2024 Waste Emissions Rule ⚡
On March 4, 2025, Congress presented to the President H.J.Res.35, which is a joint resolution which would eliminate the rule, “Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions” (89 FR 91094). This final rule, which was promulgated through the Inflation Reduction Act, required the Environmental Protection Agency (EPA) to “impose and collect an annual charge on methane emissions that exceed waste emissions thresholds specified by Congress.” The House and Senate passed H.J.Res.35 on February 26, 2025, and […]
Shale Law Weekly Review—Week of March 17, 2025
National Energy Policy: Commonwealth of Pennsylvania Announces the Unfreezing of Federal Funds Allocated to Pennsylvania ⚡
On February 24, 2025, the Commonwealth of Pennsylvania announced that federal funding that was allocated to Pennsylvania, which had previously been frozen, is now unfrozen. On January 27, 2025, the U.S. Office of Management and Budget issued the “Memorandum for Heads of Executive Departments and Agencies,” which required federal agencies to “identify and review all Federal financial assistance programs and supporting activities consistent with the President’s policies and requirements.” The memorandum required federal agencies to place a pause on activities and programs that […]
Shale Law Weekly Review—Week of March 3, 2025
Water Quality: EPA Approves Class VI Primacy Application for West Virginia ⚡
On February 18, 2025, the Environmental Protection Agency (EPA) announced their approval of West Virginia’s Class VI primacy application for injecting CO2 into “deep rock formations.” The EPA approved the application under the Safe Drinking Water Act, finding that West Virginia is “best positioned to protect underground sources of drinking water while bolstering energy independence and dominance.” According to the announcement, West Virginia is the fourth state to receive Class VI primacy since 2018. Additionally, the announcement stated that the EPA Administrator will begin “fast-track[ing]” Class VI primacy […]
