National Energy Policy
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 […]
Shale Law Weekly Review—Week of February 17, 2025
Pipelines: Mountain Valley Pipeline Requests Approval to Build Southgate Extension
On February 3, 2025, Mountain Valley Pipeline, LLC (MVP) submitted an abbreviated application to the Federal Energy Regulatory Commission (FERC) regarding its Southgate Extension, which will run from Pittsylvania County, Virginia, to Rockingham County, North Carolina. MVP requests that FERC issue an order amending the project’s certificate of public convenience and necessity, which was originally approved by FERC in 2020, but has faced several legal battles over the past four years. MVP specifically requests approval to construct “31.3 miles of 30-inch-diamater natural gas pipeline . . . , […]
Shale Law Weekly Review—Week of February 10, 2025
Pipelines: FERC Issues Order on Remand Reinstating Certificate and Abandonment Authorization to Transcontinental Gas Pipe Line Company
On January 24, 2025, the Federal Energy Regulatory Commission (FERC) issued an order reinstating the Transcontinental Gas Pipe Line Company’s (Transco) “certificate and abandonment authority . . . for the REAE Project.” The order, which detailed that the issue was on remand from the D.C. Circuit Court, found that the Regional Energy Access Expansion Project (REAE Project) was needed and “that the benefits outweigh the adverse impacts.” In its reasoning, FERC determined that there was a need for the REAE Project due […]
Shale Law Weekly Review—Week of February 3, 2025
LNG Infrastructure: D.C. Circuit Court of Appeals Vacates PHMSA’s Rule on LNG Rail Transportation
On January 17, 2025, the Court of Appeals for the District of Columbia vacated the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) rule that allowed LNG rail transportation without a permit. Sierra Club, et al v. DOT, et al, Docket No. 20-01317 (D.C. Cir. Aug 18, 2020). The petitioners argued that PHMSA was required to prepare an environmental impact statement (EIS) in order to comply with the National Environmental Policy Act (NEPA). The court agreed with the petitioner’s assertion, finding that the PHMSA’s failure to […]
Shale Law Weekly Review—Week of December 2, 2024
Methane Emissions: EPA Finalizes Methane Emissions Fee for Oil and Gas Sector
On November 12, 2024, the U.S. Environmental Protection Agency (EPA) issued a final rule implementing a Waste Emissions Charge (WEC) on certain oil and gas operations. The WEC will apply to high-emitting oil and gas facilities, defined as those reporting to the Greenhouse Gas Reporting Program annual emissions exceeding 25,000 metric tons of carbon dioxide equivalent. This rule was issued under a Congressional directive of the Inflation Reduction Act requiring the EPA to implement and collect the fees, as well as provide for appropriate exemptions where emissions […]
Shale Law Weekly Review—Week of August 19, 2024
National Energy Policy: DOE To Purchase 3.5 Million Barrels of Crude Oil for Strategic Petroleum Reserve
On August 6, 2024, the United States Department of Energy (DOE) Office of Cybersecurity, Energy Security, and Emergency Response announced two new solicitations for the purchase of up to 3.5 million barrels of U.S.-produced crude oil for the Strategic Petroleum Reserve (SPR). The first Request for Proposal (RFP) opened on August 6, 2024, and aims to secure monthly deliveries of up to 1.5 million barrels of oil to the Bayou Choctaw site in Iberville Parish, Louisiana; this RFP closed on August 13, […]
Shale Law Weekly Review—Week of August 5, 2024
National Energy Policy: Circuit Court Upholds EPA Regulation of Biogas Producers
On July 19, 2024, the U.S. Court of Appeals for the District of Columbia upheld EPA regulations on biogas producers after challenges from the Coalition for Renewable Energy. Coal. for Renewable Nat. Gas v. EPA, No. 23-1248, 2024 BL 246802 (D.C. Cir. July 19, 2024). The Coalition challenged the EPA’s recent regulation of renewable biomass, claiming the EPA’s regulations were arbitrary and lacked proper authority, claiming that 42 USC 7545: Regulation of fuels does not allow for regulation of biogas producers. The Court found in the EPA’s […]
Shale Law Weekly Review—Week of July 22, 2024
GHG Emissions: DC Court Denies Challenge to EPA’s Recent Emissions Rule
On July 9, 2024, the U.S. District Court for the District of Columbia denied a motion filed by twenty-four states to stay the recent rule promulgated by the Environmental Protection Agency (EPA) regulating greenhouse gases (GHGs) and volatile organic compounds (VOCs) emissions by oil and gas companies. State of Texas v. EPA, No. 24-1054. In the original complaint, the plaintiff states argued that EPA’s rule, which went into effect on May 7, 2024, was “onerous” and that it would cost states millions of dollars to […]
Shale Law Weekly Review—Week of June 10, 2024
Landscape Issues: Pennsylvania Department of Environmental Protection Allocates $5.6 Million for Environmental Restoration Projects on Abandoned Mine Lands
On May 13, 2024, the Pennsylvania Department of Environmental Protection (DEP) announced it allocated over $5.6 million in grants from funds received through the federal Bipartisan Infrastructure Law for eight environmental restoration projects on abandoned mine lands. These funds are being allocated through the Abandoned Mine Lands and Acid Mine Drainage Grant Program. Significant allocations include $2.7 million to the Allegheny Land Trust for restoration of the Chalfant Run watershed in Allegheny County and $1.9 million to the […]
Shale Law Weekly Review—Week of June 03, 2024
LNG Infrastructure: FERC Approves Pre-Filing Environmental Review Process for Gulfstream LNG’s Louisiana Project
On May 16, 2024, the Federal Energy Regulatory Commission (FERC) approved Gulfstream LNG Development, LLC’s (Gulfstream) request for the use of FERC’s pre-filing environmental review process. The new Gulfstream LNG Terminal Project will be in Plaquemines Parish, Louisiana (docket number PF24-5). The planned construction includes: “a new liquefied natural gas (LNG) export facility with gas processing facilities; three LNG trains; one LNG storage tank; two marine loading births; and one on-site power generation plant.” Gulfstream states that the project will export 4 million […]
