National Energy Policy
Shale Law Weekly Review—Week of April 15, 2024
National Energy Policy: USDA Funds Clean Energy Projects for PA Farmers and Rural Businesses ⚡
On March 28, 2024, the U.S. Department of Agriculture (USDA) announced it will be investing $5.69 million in 31 energy efficiency and renewable energy projects across 12 Pennsylvania counties. This investment is part of the March announcement of $120 million in Inflation Reduction Funds being allocated across 44 states through the Rural Energy for America Program (REAP). The USDA stated that selected REAP projects help farmers and rural business owners “lower energy costs, generate new income and create jobs” by utilizing clean energy and increasing […]
Shale Law Weekly Review—Week of February 12, 2024
National Energy Policy: DOE Finalizes Efficiency Standards for Cooking Products ⚡
On January 29, 2024, pursuant to a Congressional directive, the Department of Energy (DOE) issued a direct final rule updating energy efficiency standards for residential cooking products. The DOE stated that these updates will reduce household utility costs over a period of thirty years by $1.6 billion, while preserving “consumer-desired features” and improving appliance performance. The updates echo the joint recommendation of a variety of interested parties, including appliance manufacturing, energy efficiency, and consumer advocacy groups. DOE states that most stove models on the market today already […]
Shale Law Weekly Review—Week of February 5, 2024
Oil and Gas Leasing: BOEM Publishes Final Procedures for Bid Adequacy in Lease Sales ⚡
On Monday, January 22, 2024, the Bureau of Ocean Energy Management (BOEM) published final revisions to the bid adequacy procedures for offshore oil and gas lease sales. The final procedures yielded no significant changes from the proposed revisions that were published and available for comment in the Federal Register in January 2023. BOEM states that these revisions will simplify bid adequacy determinations by eliminating steps in the existing process, including tract classification. This methodology update evaluates a tract’s fair market value and uses that to […]
Shale Law Weekly Review—Week of January 29, 2024
Methane Emissions: EPA Proposes New Rule Aimed at Methane Reductions in Oil and Gas Industry ⚡
On Friday, January 12, 2024, the Environmental Protection Agency (EPA) Press Office released a statement regarding a newly proposed EPA rule aimed at reducing “wasteful methane emissions from the oil and gas sector.” The purported purpose of these methane emission reduction measures is to “incentivize industry innovation” while also protecting the environment. The final rule, published on December 2, 2023, is focused on reducing air pollution from activities within the oil and gas industry, particularly those listed under the “Crude Oil and Natural […]
Shale Law Weekly Review—Week of December 11, 2023
Climate Change: New Jersey Adopts Rule Requiring 100% of Light-Duty Vehicle Sales to be Zero-Emission Vehicles by 2035 ⚡
On November 21, 2023, the New Jersey Office of the Governor announced the next stages for Advanced Clean Cars II rule, requiring all “light-duty vehicle” manufacturers to incrementally increase sales of zero-emission vehicles (ZEV) beginning in 2027 to reach 100% of vehicle sales by 2035. The rule was proposed on August 21, 2023 by the NJ Department of Environmental Protection and, according to the announcement, is now scheduled to be confirmed on December 18, 2023. The rule is modeled […]
Shale Law Weekly Review—Week of November 20, 2023
Community Impacts: US Supreme Court Denies Motion to Stay Upcoming Coastal Erosion Case Against BP ⚡
On Tuesday, November 7, 2023, the United State Supreme Court denied an application for stay brought before the Court by BP America Production, Hilcorp Energy, and Shell Oil. BP America Production Company, et al., Applicants v. Parish of Cameron, Louisiana, et al. (No. 23A364.) The underlying lawsuit was filed by the Parish of Cameron back in 2013, seeking damages for the alleged destruction of Louisiana’s coastlines and waters by the activities of the defendant oil and gas companies. More specifically, Plaintiffs seek […]
Shale Law Weekly Review—Week of November 13, 2023
GHG Emissions: PA Commonwealth Court Finds State Membership in Carbon Emissions Trading Alliance Illegal ⚡
On Wednesday, November 1, 2023, the Commonwealth Court of Pennsylvania granted a request for declaratory and injunctive relief filed by numerous private companies and individuals in the fossil fuel industry acting as petitioners in a lawsuit against the Pennsylvania Department of Environmental Protection (DEP). Bowfin Keycon Holdings, LLC v. Pennsylvania Department of Environmental Protection (No. 247 M.D. 2022.) The original petition for declaratory and injunctive relief was brought against the DEP for its allegedly illegal participation in a carbon emissions trading alliance known as the […]
Shale Law Weekly Review—Week of October 9, 2023
National Energy Policy: The White House Publishes Directive on the Social Cost of Greenhouse Gases in Guiding Executive Agency Decisions ⚡
On September 21, 2023, the White House published a fact sheet directing federal agencies to consider the Social Cost of Greenhouse Gases (SC-GHG) when making budgeting decisions, during procurement processes, and in National Environmental Policy Act (NEPA) related environmental reviews. The fact sheet noted that these directives stem from recommendations made by an Interagency Working Group (IWG) charged with analyzing the impacts of SC-GHG pursuant to Executive Order 13990. According to the directive, accounting for the SC-GHG […]
Shale Law Weekly Review—Week of August 14, 2023
Production and Operation: The Department of Transportation’s National Highway Traffic Safety Administration Announces New Fuel Economy Standards for Cars and Trucks ⚡
On July 28, 2023, the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has proposed updated fuel economy standards for passenger cars and light trucks. A 60-day public comment period will follow the proposal’s publication. The NHTSA’s suggested rule is intended to align with the Biden-Harris Administration’s commitment to reducing greenhouse gas emissions and air pollution, particularly in marginalized communities. It proposes various improvements, including a 2% annual fuel efficiency increase for cars and 4% […]
Shale Law Weekly Review—Week of August 7, 2023
Methane Emissions: White House Holds Methane Summit ⚡
On Wednesday, July 26, 2023, the White House released a fact sheet describing the White House Methane Summit, which was held that day. The Summit focused on strategies to reduce methane emissions and with a focus on methane leaks from the oil and gas industry. The fact sheet also announced the creation of a Cabinet-level White House Methane Task Force, which will aid in the implementation of the U.S. Methane Emissions Reduction Action Plan. The Summit examined the following topics: “Detecting Emissions Using Innovative Technology,” “Taking Common-Sense Actions to Mitigate Methane […]
