National Energy Policy
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 […]
Shale Law Weekly Review – June 16, 2020
Pipelines: Court of Appeals Reverses Lower Court Decision on Enbridge Line 5 Pipeline
On June 5, 2020, the U.S. Court of Appeals for the Sixth Circuit reversed a district court decision that determined the Pipeline and Hazardous Materials Safety Administration (PHMSA) had acted improperly in approving the emergency response plans for the Enbridge Line 5 Pipeline. The district court had held PHMSA was required to comply with the National Environmental Policy Act (NEPA) and Endangered Species Act (ESA) before it could approve emergency response plans for pipelines. (Nat’l Wildlife Fed’n v. Sec’y of the U.S. Dep’t of Transp., Nos. 19-1609/1610). The Court […]
Shale Law Weekly Review – June 8, 2020
Pipelines: Court of Appeals Denies Stay of Court Order in Pipeline Permit Case
On May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay a district court order that enjoined the use of Nationwide Permit 12 (NWP 12) for the construction of new oil and gas pipelines. (Northern Plains Resource Council v. U.S. Army Corps of Engineers, No. 20-35412). The U.S. Army Corps of Engineers (Corps) filed its Motion for Stay Pending Appeal on May 13, 2020. The Corps argued that the district court order was “improper” because it granted relief that was not requested by the Plaintiffs. Plaintiffs, […]
Shale Law Weekly Review – May 18, 2020
National Energy Policy/LNG Exports: Department of Energy Issues Proposed Rule for Changes to NEPA Implementing Procedures
On May 1, 2020, the U.S. Department of Energy (DOE) issued a Notice of Proposed Rulemaking for changes to the Department’s National Environmental Policy Act (NEPA) implementing procedures. The proposed rule states that DOE intends to amend its policies regarding NEPA review of certain imports and exports under the Natural Gas Act. DOE is proposing changes to its procedures based on the legal principle found in Pub. Citizen and Sierra Club that NEPA review does not include review of environmental effects that an agency has no discretion over. See Dep’t […]
