National Energy Policy
Shale Law Weekly Review – Week of August 16, 2021
National Energy Policy: The U.S. Department of Energy Provided Funding for Carbon-Neutral Solution Projects
Recently, the U.S. Department of Energy (DOE) announced funding of $45 million for the integration of renewable energy sources into the grid as support for the decarbonization of the energy sector by 2035. Of this amount, $25 million is awarded to the creation of a consortium aimed to develop grid-forming inverters, which are described as “an emerging technology that allows solar and other inverter-based energy sources to restart the grid without a spinning turbine, typically an oil or coal-fired power plant.” In addition, the U.S. DOE […]
Shale Law Weekly Review – Week of June 28, 2021
Biofuels: U.S. Supreme Court Allows Non-Continuous Small Refinery Renewable Fuels Standard Blending Obligation Waiver Extensions ⚡
On June 25, 2021, the Supreme Court of the United States issued an opinion holding that a small refinery that previously received a waiver from Renewable Fuel Standard (RFS) blending obligations may still receive an “extension” of the waiver even if it did not acquire a continuous waiver in previous years and allowed a previous exemption to lapse. HollyFrontier Cheyenne Refining, LLC, et al., v. Renewable Fuels Association, et al., No. 20-472. The court found that the term “extension,” which is undefined in […]
Shale Law Weekly Review – Week of April 26, 2021
National Energy Policy: Secretary of the Interior Revokes Orders Deemed Inconsistent with Executive Order on Climate Policies ⚡
On April 16, 2021, the U.S. Secretary of the Interior, issued a Secretary’s Order revoking previous orders deemed inconsistent with Executive Order (EO) 13990. The EO titled, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis, was signed by President Biden on January 20, 2021. The Secretary’s Order revoked twelve orders, issued by previous Secretaries of the Interior, related to energy development. The Secretary’s Order also directed a review of Interior policies, rules, and regulations to […]
Shale Law Weekly Review – April 19, 2021
Pipelines: Dakota Access Petitions Court of Appeals for Rehearing on Pipeline Decision ⚡
On April 12, 2021, Dakota Access, LLC petitioned the U.S. Court of Appeals for the District of Columbus Circuit for a rehearing of a January 2021 court decision. (Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, No. 20-5197). The January court decision vacated the subsurface easement used by Dakota Access Pipeline (DAPL) to traverse beneath Lake Oahe. The January decision found that the U.S. Army Corps of Engineers (the “Corps”) violated the National Environmental Policy Act (NEPA) by issuing the pipeline easement in 2017 […]
Shale Law Weekly Review – Week of February 15, 2021
National Energy Policy: Department of Justice Withdrawals Policies Precluding Use of Supplemental Environmental Projects in Settlement Agreements ⚡
On February 4, 2021, the U.S. Department of Justice Environment and Natural Resources Division (ENRD) issued a Memorandum withdrawing policies that precluded the use of Supplemental Environmental Projects (SEPs) in settlement agreements. The memo withdraws an SEP policy from August 2019 titled “Using Supplemental Environmental Projects in Settlements with State and Local Governments” and a policy from March 2020 titled “Supplemental Environmental Projects in Civil Settlements with Private Defendants.” SEPs […]
Shale Law Weekly Review – Week of February 8, 2021
Pipelines: Supreme Court Agrees to Hear PennEast Pipeline Eminent Domain Case
On February 3, 2021, the U.S. Supreme Court granted PennEast Pipeline’s Petition for Writ of Certiorari. PennEast filed the Petition after the U.S. Court of Appeals for the Third Circuit ruled that PennEast was barred from bringing a lawsuit against New Jersey due to the state’s Eleventh Amendment immunity. (PennEast Pipeline Co., LLC v. New Jersey, Nos. 19-1191 thru 19-1232). PennEast was approved to begin construction on its pipeline when it sued New Jersey under the Natural Gas Act to gain access to state properties using eminent […]
Shale Law Weekly Review – November 13, 2020
Methane Emissions: Texas Approves Revisions to Data Sheet to Collect More Information on Flaring
On November 4, 2020, the Texas Railroad Commission announced that it had approved revisions to the Statewide Rule 32 Exception Data Sheet. The changes were proposed in August and will compel oil and gas operators to more thoroughly document the reasons for which operators determine their need to flare gas. The new provisions allow the Texas Railroad Commission to assess operator compliance with flaring and venting regulations. The changes will also provide more insight into the practice of flaring and venting by providing a method for collecting […]
Shale Law Weekly Review – September 1, 2020
Wildlife Habitat: Federal Judge Modifies Order Vacating Leases Pending Appeal
On August 25, 2020, the U.S. District Court in Montana entered an order staying vacatur of hundreds of oil and gas leases in sage grouse territory in favor of suspending operations and production under the leases pending appeal to the Ninth Circuit. The lawsuit, Montana Wildlife Federation v. Zinke, et al, challenges the federal government’s oil and gas leasing practices on public lands which are alleged to be destructive to the natural habitat of the sage grouse (4:18-cv-00069). The stay of operations and production ordered by Chief District Judge Brian Morris will […]
Shale Law Weekly Review – August 7, 2020
National Energy Policy: EPA Issues Final Rule Revising Permit Appeal Process
On July 22, 2020, the U.S. Environmental Protection Agency (EPA) issued a final rule that revises the agency’s permit appeal process. (40 CFR Parts 1, 49, 71, and 124). The final rule affects permits issued by the EPA under the Clean Air Act, Clean Water Act, Safe Drinking Water Act, and the Resources Conservation and Recovery Act. (rule summary). The final rule amends the Environmental Appeals Board’s (EAB) scope for review of decisions limiting review to “findings of fact and conclusions of law that are clearly erroneous.” The rule also establishes time […]
Shale Law Weekly Review – July 21, 2020
Pipelines: Court of Appeals Grants Administrative Stay Temporarily Halting Shutdown of Dakota Access Pipeline
On July 14, 2020 the U.S Court of Appeals for the District of Columbia Circuit issued an administrative stay, temporarily halting a District Court order to shutdown and empty the Dakota Access Pipeline. (Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, No. 20-5197). Previously, on July 6, 2020, the District Court for the District of Columbia ordered that the Dakota Access Pipeline be emptied and shut down within 30 days. (district court case No. 16-1534, p. 24). Then, on July 9, 2020, the District Court denied an […]
