National Energy Policy
Shale Law Weekly Review—Week of July 17, 2023
National Energy Policy: DOE Announces $90 Million Intended to Update State and Local Building Energy Codes ⚡
On July 12, 2023, the United States Department of Energy (DOE) posted a press release announcing $90 million to help municipalities, states, tribes, and other partnering organizations implement updated building energy codes. The funding has been awarded to 27 projects in 26 states and the District of Columbia. Updated state and local building codes are projected to save Americans $138 billion on utility bills and reduce CO2 emissions by 900 million metric tons by 2040, according to the DOE’s impact analysis.
Air Quality: […]
Shale Law Weekly Review—Week of July 10, 2023
National Energy Policy: EPA Announces Final Rule on Renewable Fuel Standards ⚡
On June 21, 2023, the Environmental Protection Agency (EPA) announced the final rule on renewable fuel standards under the Renewable Fuel Standard (RFS) program. This rule establishes the applicable volumes and percentage standards for various types of renewable fuels for the years 2023 to 2025 under the Clean Air Act. According to the final rule, this includes “cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel.” This action also speaks to the judicial remand of the 2016 standard-setting rulemaking and introduces regulatory changes to the […]
Shale Law Weekly Review—Week of June 26, 2023
Pipelines: Federal Judge Orders Natural Gas Company to Remove Pipeline from Tribal Land ⚡
On Friday, June 16, 2023, a federal judge in the Western District of Wisconsin issued an order in the case of Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation v. Enbridge Energy Company, Inc., finding for the plaintiff tribe. The tribe had brought suit against Enbridge, which owns and operates a pipeline that crosses 12 parcels of tribal land, on July 23, 2019, alleging that the pipeline is at risk of erosion and rupture due to erosion of […]
Shale Law Weekly Review—Week of June 19, 2023
State Regulation: PA District Court Finds NGA Does Not Preempt State Administrative Review of Environmental Permits ⚡
On Monday, June 5, 2023, the District Court for the Middle District of Pennsylvania filed a memorandum opinion in the case of Transcon. Gas Pipe Line Co., LLC v. Pa. Env’t Hearing Bd. denying Plaintiff Transcontinental Gas Pipe Line Company, LLC’s (Transco) motion to enjoin an appeal proceeding before the Pennsylvania Environmental Hearing Board (PAEHB). The Federal Energy Regulatory Commission (FERC) had issued a Certificate Order for Transco’s construction and operation of a pipeline expansion project, provided Transco obtained certain federal authorizations. One […]
Shale Law Weekly Review—Week of June 12, 2023
Municipal Regulation: Berkeley Petitions for Rehearing of Ninth Circuit’s Decision Striking Down Natural Gas Piping Prohibition ⚡
On May 31, 2023, the City of Berkeley, California, filed a petition requesting a rehearing en banc after an April 17th opinion in which the Ninth Circuit Court of Appeals found that a city may not ban the installation of natural gas equipment in new buildings. Berkeley had implemented an ordinance banning natural gas infrastructure in newly constructed buildings claiming that the ordinance would reduce environmental and health hazards associated with natural gas consumption. The California Restaurant Association (CRA) sued, arguing that […]
Shale Law Weekly Review—Week of May 29, 2023
State Regulation: Pennsylvania Public Utility Commission Proposes Amendments to Low-Income Usage Reduction Program Regulations ⚡
On Thursday, May 18, 2023, the Pennsylvania Public Utility Commission (PUC) adopted a Notice of Proposed Rulemaking proposing amendments to the Low-Income Usage Reduction Program (LIURP) regulations. LIURP regulations apply to natural gas distribution companies and electric distribution companies that are “covered” as per 52 Pa. Code § 58.2 and require them to provide energy conservation services to low-income households in the state. The LIURP regulations were first passed in 1988 and last amended in 1998. In 2016, the PUC published a Secretarial Letter […]
Shale Law Weekly Review—Week of April 24, 2023
GHG Emissions: EPA Announces New Standards with Vehicle Emissions Reduction Goals ⚡
On Wednesday, April 12, 2023, the Environmental Protection Agency (EPA) announced new emissions standards for light-duty and medium-duty vehicles manufactured from 2027 to 2032. As proposed, these standards would become increasingly stringent across the six-year period, both for light- and medium-duty vehicles. The new standards also include revisions to other programs concerned with greenhouse gas emissions (GHG emissions), including carbon credits, zero-emissions and hybrid vehicles, and other vehicle compliance measures. Emissions resulting from the refueling of incomplete medium-duty vehicles are also subject to new standards, as well as […]
Shale Law Weekly Review—Week of April 17, 2023
Pipelines: DOT Grants $196 Million for Pipeline Repair and Improvement Projects ⚡
On Wednesday, April 5, 2023, the Department of Transportation (DOT) and the Hazardous Material Safety Administration (PHMSA) announced $196 million in grants that will fund 37 projects across 19 states for the purpose of fixing old, leaky pipelines. The main goal of the projects is to improve public health and safety by cutting down on methane emissions from faulty gas pipes. The announcement emphasizes the job growth that will result from the grant, noting that hundreds of individuals from rural and urban communities will find employment repairing, replacing, […]
Shale Law Weekly Review—Week of April 3, 2023
Oil and Gas Leasing: Federal Pause on Oil and Gas Leases on North Dakota’s Public Lands and Waters Overruled ⚡
On Monday, March 27, 2023, the District Court of North Dakota decided in favor of a motion for preliminary injunction filed by the State of North Dakota in an ongoing lawsuit against the Department of Interior (DOI). State of North Dakota v. United States Department of Interior et al, No. 1:21-cv-00148. The underlying complaint was filed after the DOI and the Bureau of Land Management (BLM), in accordance with Executive Order Number 14008, paused all but one quarterly lease […]
Shale Law Weekly Review—Week of February 27, 2023
National Energy Policy: DOE, IRS, and Treasury Department Release New Guidance on Qualifying Advanced Energy Project Credit Program ⚡
On February 13, 2023, the U.S. Treasury Department, the U.S. Department of Energy (DOE), and the Internal Revenue Service (IRS) released new guidance on the expanded Qualifying Advanced Energy Project Credit program under Section 48C of the Internal Revenue Code. The program will allocate $10 billion in credits that will be awarded for certain advanced energy projects. The purpose of the credits is to create jobs in the clean energy technology sector, reduce industrial greenhouse gas (GHG) emissions, and protect the […]
