Oil and Gas Leasing
Shale Law Weekly Review—Week of March 10, 2025
Pipelines: Michigan Court of Appeals Upholds Permit for Enbridge’s Relocation of Line 5 ⚡
On February 19, 2025, the Michigan Court of Appeals upheld the conditional approval for Enbridge Energy Limited Partnership (“Enbridge”) to relocate its “Line 5” pipeline to a tunnel underneath the Straits of Mackinac in a consolidated appeal opinion. In Re Application Of Enbridge Energy To Replace & Relocate Line 5, Docket No. 369156 (Mich. Ct. App. Dec 21, 2023). Numerous groups, including Little Traverse Bay Bands of Odawa Indians and Michigan Environmental Council, appealed the Line 5 conditional approval in separate dockets. The groups/appellants argued […]
Shale Law Weekly Review—Week of February 24, 2025
Air Quality: The U.S. Supreme Court Denies Solicitor General’s Motions for Abeyance in Environmental Cases ⚡
On February 6, 2025, the United States Supreme Court ordered that two environmental cases against the EPA would not be granted abeyance (a pause or postponement), which was moved for the Acting Solicitor General. The Supreme Court denied abeyance in Pacificorp, et al. V. EPA, et al, which is a case involving state implementation plans (SIPs) for “interstate transport of ozone.” PacifiCorp, et al., Petitioners vs. Environmental Protection Agency, et al., Docket No. 23-1068 (U.S. Apr 01, 2024). The Supreme Court also denied […]
Shale Law Weekly Review—Week of January 13, 2025
Public Lands: U.S. Department of Agriculture Forest Service Submits Petition to Protect Ruby Mountains ⚡
On December 30, 2024, the U.S. Department of Agriculture’s Forest Service (USFS) submitted a petition to withdraw Ruby Mountain in Nevada from “leasing under the mineral and geothermal laws, for 20 years, subject to valid existing rights.” The USFS petition initiates a two-year segregation of Ruby Mountain and includes goals for withdrawing Ruby Mountain such as protecting wildlife and plant habitats and maintaining “recreational opportunities.” The withdrawal petition, according to the USDA’s announcement, asks to ban new mining and federal mineral leases for around […]
Shale Law Weekly Review—Week of December 23, 2024
Public Health: Department of Energy Releases Three Action Plans for Transportation Emissions ⚡
On December 12, 2024, the United States Department of Energy (DOE) announced three action plans regarding transportation emissions. In 2023, the DOE, the Department of Transportation (DOT), the Environmental Protection Agency (EPA), and the Department of Housing and Urban Development (HUD) partnered to create the U.S. National Blueprint for Transportation Decarbonization. Stemming from this plan, the DOE, DOT, EPA, and HUD worked together to develop the three action plans – An Action Plan for Maritime Energy and Emissions Innovation, An Action Plan for Rail Energy and […]
Shale Law Weekly Review—Week of September 3, 2024
Pipelines: U.S. Court of Appeals for the District of Columbia Vacates Four of the Pipeline Hazardous Materials Safety Administration’s Safety Standards for Pipelines ⚡
On August 16, 2024, in a case regarding safety standards for pipelines, the U.S. Court of Appeals for the District of Columbia vacated four safety standards promulgated by the Pipeline Hazardous Materials Safety Administration (PHMSA) in its opinion. Interstate Natural Gas Association of America v. PHMSA, et al, Docket No. 23-01173. At issue were five safety standards, four of which the court agreed were inadequate and one which was proper. First, the court discussed the “High-Frequency-ERW […]
Shale Law Weekly Review—Week of August 26, 2024
Oil and Gas Leasing: Bureau of Land Management Receives Nearly $24 Million in Bids for Oil and Gas Lease Sales in Montana and North Dakota ⚡
On August 7, 2024, the Bureau of Land Management (BLM) conducted a sale for oil and gas leases in the Montana and Dakotas region. The BLM received 264 bids and $23,935,772 in high bids for the 26 parcels, adding up to 5,570 acres, in the Montana-Dakotas Region. The lease sale had its public scoping period from December 28, 2023, to January 29, 2024, and the BLM released its decision record on August […]
Shale Law Weekly Review—Week of August 5, 2024
National Energy Policy: Circuit Court Upholds EPA Regulation of Biogas Producers ⚡
On July 19, 2024, the U.S. Court of Appeals for the District of Columbia upheld EPA regulations on biogas producers after challenges from the Coalition for Renewable Energy. Coal. for Renewable Nat. Gas v. EPA, No. 23-1248, 2024 BL 246802 (D.C. Cir. July 19, 2024). The Coalition challenged the EPA’s recent regulation of renewable biomass, claiming the EPA’s regulations were arbitrary and lacked proper authority, claiming that 42 USC 7545: Regulation of fuels does not allow for regulation of biogas producers. The Court found in the EPA’s […]
Shale Law Weekly Review—Week of July 29, 2024
LNG Exports: D.C. Federal Court Orders Environmental Assessment for Commonwealth LNG Project ⚡
On July 16, 2024, the U.S. Court of Appeals for the District of Columbia Circuit issued a per curiam order granting in part and denying in part petitions to review the Federal Energy Regulatory Commission’s (FERC) approval of a proposed Gulf Coast LNG project by Commonwealth LNG. Healthy Gulf v. FERC, No. 23-1069 (D.C. Cir. 2024). The petitioners, five environmental groups, argued that FERC did not properly address National Environmental Policy Act (NEPA) and Natural Gas Act (NGA) requirements, nor did it properly “determine […]
Shale Law Weekly Review—Week of June 03, 2024
LNG Infrastructure: FERC Approves Pre-Filing Environmental Review Process for Gulfstream LNG’s Louisiana Project ⚡
On May 16, 2024, the Federal Energy Regulatory Commission (FERC) approved Gulfstream LNG Development, LLC’s (Gulfstream) request for the use of FERC’s pre-filing environmental review process. The new Gulfstream LNG Terminal Project will be in Plaquemines Parish, Louisiana (docket number PF24-5). The planned construction includes: “a new liquefied natural gas (LNG) export facility with gas processing facilities; three LNG trains; one LNG storage tank; two marine loading births; and one on-site power generation plant.” Gulfstream states that the project will export 4 million […]
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 […]
