Oil and Gas Leasing
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 […]
Shale Law Weekly Review—Week of August 29, 2022
Oil and Gas Leasing: Environmental Groups File Suit Challenging Peregrine Program ⚡
On August 25, 2022, Sierra Club, Friends of the Earth, and Greenpeace filed a lawsuit challenging the U.S. Bureau of Land Management’s approval of Emerald House’s Peregrine “oil and gas exploration” program in Alaska. Sierra Club, et al., v. Bureau of Land Mgmt. The Peregrine program is a five-year, year-round program set to appraise oil and gas in the Alaskan Reserve, involving drilling, construction and deconstruction of drilling sites, and fossil-fuel powered flights and transportation in and out of the Reserve. The conservation groups claim BLM failed to […]
Shale Law Weekly Review—Week of August 22, 2022
Pipelines: Federal Judge Rules Enbridge Case Must Remain in Federal Court ⚡
On August 18, 2022, the U.S. District Court for the Western District of Michigan, Southern Division denied the State of Michigan’s motion to remand the case to state court in its lawsuit seeking to stop Enbridge’s Line 5 Pipeline. Nessel v. Enbridge Energy Ltd. P’ship, Case No. 1:21-cv-1057. The court found that there were “important federal interests” involved in the case and that “comprehensive and efficient administration of justice” required the case to remain in federal court. The case was originally filed in Michigan state court but was […]
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 […]
Shale Law Weekly Review—Week of July 25, 2022
Oil and Gas Regulation: Well Plugging Bill Becomes Law in Pennsylvania ⚡
On July 19, 2022, Pennsylvania bill, HB 2644, which establishes and allocates funds to an Orphan Well Plugging Grant Program (“Program”) became law, effective immediately. Funding for the Program will be used to receive and approve applications, provide civil liability for well pluggers, and issue grants to plug oil and gas wells. The bill will also set criteria for which wells qualify for the program and who qualifies as a well plugger.
LNG Exports: Sierra Club Files Lawsuit Appealing Driftwood LNG Permit
On July 19, 2022, filed a petition […]
Shale Law Weekly Review—Week of July 4, 2022
Oil and Gas Leasing: Lawsuit Filed Challenging Federal Leasing Sales ⚡
On June 28, 2022, several conservation groups filed a lawsuit challenging the U.S. Department of the Interior and the U.S. Bureau of Land Management’s approval of the sale of 173 oil and gas leasing parcels. The lawsuit, filed in the U.S. District Court for the District Court of Columbia, includes groups such as the Sierra Club, Center for Biological Diversity, and Dakota Resource Council. The conservation groups’ argument is that the approvals violated the National Environmental Policy Act and the Federal Land Policy and Management Act by failing to […]
Shale Law Weekly Review – Week of September 27, 2021
Pipelines: PennEast Pipeline Co. LLC Withdraws Eminent Domain Claims and Halts Pipeline Project ⚡
In a notice sent to the Third Circuit Court of Appeals on September 20, 2021, PennEast Pipeline Co. LLC, in agreement with New Jersey Attorney General’s Office, decided to withdraw all eminent-domain claims on 42 parcels of state-owned land. In re: PennEast Pipeline Co LLC, No. 19-1191. This agreement puts an end to the PennEast Pipeline Project despite a recent U.S. Supreme Court’s decision allowing PennEast Pipeline Co. LLC to condemn state-owned properties in New Jersey. SLWR – July 5, 2021, “National Policy: Supreme […]
Shale Law Weekly Review – Week of August 2, 2021
Oil and Gas Leasing: PA Supreme Court Rules Revenue from Oil and Gas Leases Must be Used for Conservation ⚡
On July 21, 2021, the Supreme Court for the Middle District of Pennsylvania ruled that the Environmental Rights Amendment does not create an avenue that would allow funds from oil and gas development to be transferred to Pennsylvania’s general fund. Pennsylvania Environmental Defense Foundation v. Commonwealth of Pennsylvania, et al. No. 64 MAP 2019. This case was brought by the PA Environmental Defense Foundation which sued after funds from the Oil and Gas Lease Fund were transferred to the […]
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 – Week of April 5, 2021
GHG Emissions: New Mexico Commission Implements New Venting and Flaring Requirements ⚡
On March 25, 2021, the New Mexico Oil Conservation Commission approved a rule regulating venting and flaring in order to reduce natural gas waste. The proposed final rule includes regulations for venting and flaring during drilling, completion, and production operations. The rule requires operators to reduce the annual volume of natural gas that is vented or flared in order to capture at least ninety-eight percent of the natural gas produced. The reduction in volume must be obtained by December 31, 2026. The rule also includes performance, measurement, […]
