Pipeline
Shale Law Weekly Review—Week of October 30, 2023
Pipelines: 4th Circuit Court of Appeals Rules that Maryland Cannot Refuse Pipeline Construction on State Land ⚡
On Wednesday, October 11, 2023, the 4th Circuit Court of Appeals affirmed the district court’s decision to dismiss the State of Maryland’s case against Columbia Gas Transmission, LLC. Columbia Gas Transmission, LLC v. 0.12 Acres of Land, More or Less, in Washington, (No. 23-1069). The lower court held that Maryland cannot assert sovereign immunity as grounds to refuse a conveyance of land for the construction of a pipeline. The district court found that, based on the binding precedent in PennEast Pipeline Co. […]
Shale Law Weekly Review – Week of March 22, 2021
Pipelines: Court of Appeals Vacates Denial of Clean Water Act Certification for Mountain Valley Pipeline’s Southgate Project ⚡
On March 11, 2021, the U.S. Court of Appeals for the Fourth Circuit vacated North Carolina’s denial of Section 401 Clean Water Act Certification for Mountain Valley Pipeline’s (MVP) Southgate Project. (Mountain Valley Pipeline, LLC v. North Carolina Dep’t of Envtl. Quality, No. 20-1971). North Carolina’s Department of Environmental Quality (DEQ) denied MVP certification due to the uncertainty of MVP’s main pipeline project status. In its decision, DEQ cited the suspended and pending federal permits that MVP needs in order to complete […]
Shale Law Weekly Review – May 4, 2020
Pipelines: Federal District Court Denies Stay Regarding Keystone XL Pipeline Permit Decision
On April 28, 2020, the U.S. District Court for the District of Montana denied a request to stay an April 15, 2020, order issued by the court to vacate a Nationwide Permit 12 (NWP) for the Keystone XL pipeline. (Northern Plains Resource Council v. U.S. Army Corps of Engineers, No. CV-19-44-GF-BMM). The U.S. Army Corps of Engineers filed the request for partial stay pending appeal of the case and requested an expedited briefing on the issue. (order p. 1). The Corps specifically requested that paragraphs five and six of the April 15th […]
Shale Law Weekly Review – April 14, 2020
Biofuels: Court of Appeals Denies Request for Rehearing on Renewable Fuel Standard Exemptions
On April 7, 2020, the U.S. Court of Appeals for the Tenth Circuit denied a request for rehearing from small oil refineries regarding renewable fuel standard exemptions. (NCGA news release, Renewable Fuels Association v. EPA, No. 18-9533). The request was filed in response to a January 2020 ruling by the court that vacated the Environmental Protection Agency’s (EPA) extension of renewable fuel standard exemptions to three small oil refineries. (Jan. Order, pg. 99). EPA issued a news release stating that it planned to implement the court’s January decision once […]
Shale Law Weekly Review – March 2, 2020
Pipelines: Supreme Court Hears Oral Arguments Related to Construction of the Atlantic Coast Pipeline Across the Appalachian Trail
On February 24, 2020 the U.S. Supreme Court heard oral arguments related to construction of the Atlantic Coast pipeline across the Appalachian Trail (Atlantic Coast Pipeline v. Cowpasture River Preservation Ass’n, No. 18-1587). On June 25, 2019, Atlantic Coast Pipeline filed a Petition asking the Supreme Court to review a decision by the U.S. Court of Appeals for the Fourth Circuit. The Fourth Circuit ruled that the U.S. Forest Service did not have the authority to grant a special use permit giving the Atlantic […]
Shale Law Weekly Review – February 25, 2020
Water Quality: Study Examines Hydraulic Fracturing and Pennsylvania Watersheds
On February 3, 2020, the Proceedings of the National Academy of Sciences (PNAS) published a study that focused on shale gas development in 25 watersheds over a two-year period. The Pennsylvania State Forests (PASF) area was chosen for the study because the area has “few other potential anthropogenic stressors” on streams while containing a “gradient of shale gas development under a consistent regulatory structure.” The researchers found no chemical or microbial impact or connection between hydraulic fracturing and the watersheds. The study, however, did identify a possible relationship between sediment caused by […]
Shale Law Weekly Review – February 17, 2020
Economic Development: Pennsylvania Congress Approves Energy Manufacturing Tax Credit
On February 4, 2020, Pennsylvania’s House and Senate approved HB 1100, amending the 1971 Tax Reform Code and establishing a tax credit for natural gas “purchased and used in manufacturing of petrochemicals or fertilizers.” The bill was sponsored by Representative Aaron Kaufer as part of the “Energize PA Legislative Package.” According to the House co-sponsorship memoranda, the bill is “designed to make Pennsylvania attractive to outside businesses, create family-sustaining jobs and provide economic benefits to underserved regions.” The bill would create a tax credit for manufacturers that use natural gas to produce petrochemicals or fertilizers, invest […]
Shale Law Weekly Review – January 14, 2020
National Energy Policy: White House Council on Environmental Quality Issues Proposed Regulations Focused on Updating NEPA Review Process
On January 10, 2020, the White House Council on Environmental Quality (CEQ) published in the federal register a notice of proposed rulemaking designed to streamline the existing National Environmental Policy Act (NEPA) implementing regulations. CEQ acknowledged that it has been more than 40 years since NEPA regulations have been updated and that changes are needed to reflect the Trump administration’s intent to reduce the paperwork burden on federal agencies as well as to minimize administrative delay. CEQ therefore proposes, among other things, […]
Shale Law Weekly Review – January 7, 2020
Water Quality: Wyoming Department of Environmental Quality Publishes Report on Pavillion Water Wells
On December 23, 2019, the Wyoming Department of Environmental Quality (WDEQ) published findings as part of the investigation into the drinking water wells in Pavillion, Wyoming. The report is entitled, Final Pavillion, Wyoming Gas Field Domestic Water Wells Report on Recommendations for Further Investigation Pavillion, Wyoming. In the report, WDEQ focused on two recommendations, including additional sampling for bacterial populations which involved evaluating geochemical/biomarkers such as total dissolved solids, sulfide, and methane. The report also analyzed water samples for volatile organic compounds, semi-volatile organic compounds, and […]
Shale Law Weekly Review – January 3, 2020
GHG Emissions: Board Approves Pennsylvania Regulations on Volatile Organic Compound Emissions from Oil and Gas Infrastructure
On December 17, 2019, the Pennsylvania Environmental Quality Board approved proposed regulations affecting oil and natural gas infrastructure in order to reduce volatile organic compound emissions. (25 Pa. Code Chapters 121 and 129). The regulations, Control of VOC Emissions from Oil and Natural Gas Sources, were proposed as part of Pennsylvania’s plan to meet climate change goals. Affected infrastructure under the proposal would include pneumatic controllers, diaphragm pumps, compressors, and storage vessels but would exclude storage infrastructure used in distribution. Oil and gas […]
