National Energy Policy
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 […]
Shale Law Weekly Review—Week of February 6, 2023
Public Health: DOI Publishes Draft Guidance for $500 Million Grant to States for Orphaned Well Cleanup ⚡
On January 30, 2023, the U.S. Department of the Interior (DOI) released draft guidance on the $500 million grant that is being provided to states under the Bipartisan Infrastructure Law for the purpose of orphaned well cleanup. This grant will be used to build the infrastructure and create the jobs necessary for “well site plugging, remediation, and reclamation.” The guidance indicates what information states must provide to receive a “Phase 1 Formula grant,” which includes the allotted $500 million in funding based on […]
Shale Law Weekly Review—Week of December 19, 2022
GHG Emissions: Environmental Groups File Lawsuit Against EPA Seeking Updated Nitrogen Oxide Emissions Standards ⚡
On December 7, 2022, the Environmental Defense Fund and Sierra Club filed a lawsuit in the U.S. District Court for the Northern District of California challenging the Environmental Protection Agency’s failure to update 2006 air pollution standards for stationary combustion turbines. Env’t Def. Fund v. EPA, Case No. 3:22-cv-7731. The lawsuit cites the EPA’s duty to review and revise the air pollution standards under the Clean Air Act every eight years and asks the court to require the EPA to do so.
National Energy Policy: Multiple […]
Shale Law Weekly Review—Week of December 12, 2022
Hydraulic Fracturing: Delaware River Basin Commission Votes to Ban Wastewater Discharge from Hydraulic Fracturing ⚡
On December 7, 2022, the Delaware River Basin Commission announced it had voted 4-0, with the federal government abstaining, to ban the discharge of wastewater into the Delaware River Basin from hydraulic fracturing. The rule also “discourages, limits, and places conditions on” the importation of water into the Basin. The rule will go into effect 30 days after publication in the Federal Register.
GHG Emissions: DOE Announces Proposed Rule to Decarbonize Federal Buildings
On December 7, 2022, the U.S. Department of Energy announced it had […]
Shale Law Weekly Review—Week of November 7, 2022
National Energy Policy: EPA Announces $43 Million Toward Energy Resilience and Local Generation Projects ⚡
On November 2, 2022, the U.S. Environmental Protection Agency announced a total of $43 million across 23 projects in 21 states and territories, all focused on energy resilience or research of local energy generation. In the RACER program, 20 projects focus on preventing disruptions in power by building clean energy. The other three projects under the Energyshed funding program focus on assisting communities in evaluating locally generated energy.
GHG Emissions: EU Reaches Agreement Requiring New Cars Sold to be Zero-Emissions by 2035
On October 27, 2022, the […]
Shale Law Weekly Review—Week of October 24, 2022
National Energy Policy: Department of Energy Oil Sale and Repurchasing Policies Announced ⚡
On October 18, 2022, a fact sheet posted on the White House website announced a Notice of Sale by the Department of Energy to release up to 15 million barrels of oil from the Strategic Petroleum Reserve (SPR), beginning on October 19, 2022. The purpose of the release is to lower energy costs, according to a press release by the DOE. Additionally, the DOE finalized a rule to repurchase crude oil for the SPR once the price oil is “at or below about $67-$72 per […]
Shale Law Weekly Review—Week of October 3, 2022
National Energy Policy: EPA Establishes New Environmental Justice Office ⚡
On September 24, 2022, the U.S. Environmental Protection Agency announced the creation of the new Office of Environmental Justice and External Civil Rights. The Office will manage the $3 billion climate and environmental justice program created by the Inflation Reduction Act. The EPA created the Office by merging its Office of Environmental Justice, External Civil Rights Compliance Office, and Conflict Prevention and Resolution Center.
Oil and Gas Regulation: Lawsuit Challenges BOEM Approvals of California Oil Rigs
On September 29, 2022, the Center for Biological Diversity filed a complaint in the […]
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 […]
