Oil and Gas Leasing
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 March 13, 2023
Pipelines: US Fish and Wildlife Service Finds Mountain Valley Pipeline Unlikely to Threaten Existence of Five Regional Species ⚡
On Monday, March 1, 2023, the United States Fish and Wildlife Service (FWS) published a revised impact assessment for the proposed Mountain Valley Pipeline, a 304-mile natural gas pipeline that will span from the Wetzel County region of West Virginia to the Pittsylvania County region of Virginia. In their assessment, the FWS’s conducts jeopardy analyses for five particular species of plant and animals that inhabit the region across which the pipeline will be constructed. The overall “rangewide status” of the species […]
Shale Law Weekly Review—Week of January 30, 2023
Hydraulic Fracturing Bans: Fossil Fuel Companies Petition Supreme Court to Reverse Ban on All New Permits for Oil Production on the Pacific Outer Continental Shelf ⚡
On January 25, 2023, the American Petroleum Institute, Exxon Mobile, and DCOR petitioned the Supreme Court to review the decision by the Ninth District Court of Appeals to uphold an injunction against all new well-stimulation treatment permits in the Pacific Outer Continental Shelf. In their petition, the three companies first argue that the Ninth Circuit erred in upholding the Department of the Interior’s finding that “hypothetical future approvals of permits to conduct well-stimulation treatments” […]
Shale Law Weekly Review—Week of January 16, 2023
GHG Emissions: Council on Environmental Quality Issues New Guidance for Agency Analysis of Greenhouse Gas and Climate Change Impacts ⚡
On January 6, 2023, the Council on Environmental Quality (CEQ) issued new guidance for agencies in their analysis of how proposed actions under the National Environmental Policy Act (NEPA) will impact the climate and contribute to greenhouse gas emissions. CEQ states that the purpose of the guidance is to help federal agencies better evaluate the impact of their agency actions on climate change. The new guidance asks agencies to consider both “(1) the potential effects of a proposed action on […]
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 December 5, 2022
Methane Emissions: DOI and BLM Announce Proposed Rule to Limit Methane Emissions on Public Lands ⚡
On November 28, 2022, the U.S. Department of the Interior announced a proposed rule which would place limits on gas flaring on public lands, require technology upgrades where economically feasible, and require leak detection and waste minimization plans by operators. The proposed rule would also compensate the federal government or Indian mineral owners when gas is used for excessive flaring.
GHG Emissions: PA Approves Emergency Rule Limiting VOC Emissions
On November 28, 2022, the Pennsylvania Environmental Quality Board announced that it had adopted an […]
Shale Law Weekly Review—Week of November 28, 2022
Oil and Gas Regulations: EPA Plan for Limiting Emissions from Oil and Gas Sources Near Native Lands Released ⚡
A November 8, 2022, pre-publication version of a plan by the Environmental Protection Agency to require emissions controls by oil and gas producers near native lands in northeast Utah was recently released. The requirements would apply to existing and new oil and gas sources and are intended to reduce emissions to be in compliance with the national air quality standards.
Oil and Gas Leasing: PA Lawsuit Filed Against Shale Company for Health and Environmental Damage
On October 28, 2022, a Washington County, Pennsylvania […]
Shale Law Weekly Review—Week of November 14, 2022
State Regulation: PA Governor Signs Bill Granting Tax Subsidies for Natural Gas and Hydrogen Usage in Agriculture ⚡
On November 3, 2022, Pennsylvania Governor Wolf signed HB 1059, which grants a tax credit of $0.47 per unit of dry natural gas purchased and used in production of petrochemicals or fertilizer. The law includes a similar tax credit for the purchase and use of hydrogen in the same manner. The law increases the maximum tax credit for usages of natural gas to $56 million annually. In a letter, the governor explained that the purpose of the natural gas credit is […]
Shale Law Weekly Review—Week of September 19, 2022
Oil and Gas Leasing: Judge Orders Reinstatement of Drilling Permit for Solenex on Blackfeet Nation Lands ⚡
On September 9, 2022, the U.S. District Court for the District of Columbia issued a memorandum opinion, finding that the Secretary of the Interior did not have authority to rescind an oil and gas lease which the Interior Department had previously granted to Solenex for leasing and drilling in the Badger-Two Medicine area in Montana (land sacred to the Blackfeet Nation). Solenex v. Haaland, et al., Civil Case No. 13-993 (RJL). The court also found that the Secretary acted arbitrarily and capriciously in […]
Shale Law Weekly Review—Week of September 12, 2022
Oil and Gas Regulation: Court Upholds North Dakota Claim of Underpaid Gas Royalties ⚡
On September 1, 2022, the North Dakota Supreme Court, in a unanimous decision, upheld the state of North Dakota’s claim against Newfield Exploration Company for underpaid gas royalties. Newfield Expl. Co. v. North Dakota, et al., Case No. 20220022. The ND Supreme Court held that the lower court improperly focused on the state’s inability to prove breaches of oil and gas leases, rather than focusing on the state’s damages and Newfield’s defenses. The case was remanded to state district court.
Oil and Gas Leasing: Court Upholds Wyoming […]
