Pipeline
Shale Law Weekly Review – December 9, 2019
LNG Exports: FERC Approved Four LNG Projects in Texas
On November 21, 2019, the Federal Energy Regulatory Commission (FERC) approved construction of four liquefied natural gas (LNG) projects and their associated facilities in Texas. These projects include the Texas LNG Brownsville Project, a project involving the construction and operation of new LNG export facilities along the Brownsville Ship Channel in Cameron County, with an export capacity of approximately 4 million metric tonnes per annum (MMtpa). Two of the new LNG facilities will be the Rio Grande Terminal Project and the Annova LNG Brownsville Project, both located in the Port of Brownsville. These […]
Shale Law Weekly Review – November 11, 2019
National Energy Policy: United States Initiates Withdrawal Process from the Paris Agreement
On November 2, 2019, U.S. Secretary of State Mike Pompeo issued a statement that the Department of State formally notified the United Nations that the United States will withdraw from the Paris Agreement. According to Secretary Pompeo, the United States will be officially out of the agreement within one year after the delivery of the notification. U.S. President Donald Trump first indicated his intention to withdraw from the agreement on June 1, 2017, arguing that the agreement puts the country at a competitive disadvantage in the global marketplace. […]
Shale Law Weekly Review – October 14, 2019
Pipelines: U.S. Supreme Court Agrees to Hear Appeal in Atlantic Coast Pipeline Case
On October 4, 2019, the Supreme Court of the United States granted a writ of certiorari agreeing to hear an appeal of the U.S. Court of Appeals for the 4th Circuit’s decision in a case related to the construction of the Atlantic Coast Pipeline (Cowpasture River Preservation Association v. Forest Service, No. 18-1587). In this case, the Cowpasture River Preservation Association (CRPA) asked the Court of Appeals to revoke a Special Use Permit issued by the U.S. Forest Service in January 2018. The permit allows Atlantic Coast Pipeline, […]
Shale Law Weekly Review – September 9, 2019
Municipal Regulation: Adams County, Colorado Approves Changes to Oil and Gas Regulations
On September 3, 2019, the Adams County Board of Commissioners voted to approve changes to the county’s oil and gas regulations. The new regulations were approved following the implementation of Colorado’s Senate Bill 19-181, which expanded the power of local governments to implement oil and gas regulations that address impacts to public health and the environment. The new regulations include safety requirements, operational standards, and information on obtaining permits for new oil and gas facilities. Board Chair Steve O’Dorisio said in a statement, “[O]ur staff has […]
Shale Law Weekly Review – September 3, 2019
Pipelines: Nebraska Supreme Court Rules Keystone XL Pipeline Route is in the Public Interest
On August 23, 2019, the Nebraska Supreme Court affirmed the Nebraska Public Service Commission’s (NPSC) determination that the Keystone XL pipeline’s alternative route is in the public interest (In re Application No. OP-0003, No. S-17-1331). Landowners and environmental groups intervened, bringing this appeal after NPSC approved the “mainline alternative route” (MAR) for TransCanada’s Keystone XL pipeline. Addressing the issues raised by the appellants, the court found that NPSC had jurisdiction to consider TransCanada’s application; that TransCanada “met its burden of proof;” that NPSC “properly […]
Shale Law Weekly Review – August 26, 2019
Pipelines: Court of Appeals Rejects Challenge to Water Discharge Permit for Atlantic Sunrise Pipeline
On August 15, 2019, the U.S. Court of Appeals for the Third Circuit denied a petition to review Pennsylvania’s Department of Environmental Protection’s approval of a hydrostatic testing permit for the Atlantic Sunrise pipeline (Delaware Riverkeeper Network v. Sec’y Pennsylvania Dep’t of Envtl. Prot., No. 17-3299). As described by the court, hydrostatic testing is a “process by which water is pumped into pipes to check them for strength or leaks.” A hydrostatic testing permit was granted to Transcontinental Gas Pipe Line Company, operator of […]
Shale Law Weekly Review – August 12, 2019
Pipelines: Virginia Department of Environmental Quality Issues Stop Work Instruction for Mountain Valley Pipeline
On August 2, 2019, the Virginia Department of Environmental Quality (DEQ) issued a stop work instruction for a section of the Mountain Valley Pipeline. According to the instruction, an inspection conducted by DEQ on August 1, 2019, found an “imminent and substantial adverse impact to water quality” due to construction of the pipeline in Montgomery County, Virginia. DEQ asserts that the pipeline failed to control erosion and sediment in the area of construction. The instruction named corrective measures to be taken including the installation of […]
Shale Law in the Spotlight – The Pennsylvania Public Utility Commission Proposes Rulemaking Addressing Pipeline Safety Standards
On June 13, 2019, the Pennsylvania Public Utility Commission (Commission) published a notice of proposed rulemaking seeking comment on possible amendments or enhancements to regulations governing pipeline safety standards. On that same day, the Commission also published a notice of proposed rulemaking addressing financial reporting for public utilities. The Commission is looking for public input into ways of better regulating the design, construction, operations, and maintenance of public utilities, such as transportation pipelines in intrastate commerce. Ultimately, the Commission is considering whether the hazardous liquid public utility safety standards laid down in Chapter 59 of the Pennsylvania […]
Shale Law Weekly Review – July 8, 2019
Municipal Regulation: Boulder County Approves Temporary Moratorium on New Oil and Gas Development Applications
On June 28, 2019, the Board of County Commissioners (Board) approved Resolution 2019-59 (Resolution), issuing a temporary moratorium on new oil and gas development applications and seismic testing in Boulder County, Colorado, according to the county’s press release. The moratorium was issued in response to SB 19-181 titled, Protect Public Welfare Oil and Gas Operations, which was signed into law on April 16, 2019. The new state law gives local governments more authority to regulate oil and gas land use in order to minimize the […]
Shale Law Weekly Review – July 1, 2019
GHG Emissions: Council on Environmental Quality Issues Proposed Draft Guidance to Assist Federal Agencies when Considering Greenhouse Gas Emissions
On June 26, 2019, the U.S. Council on Environmental Quality (CEQ) issued proposed draft guidance on how federal agencies should address greenhouse gas emissions in accordance with the National Environmental Policy Act (NEPA). The guidance titled, Draft National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions, is expected to replace previous guidance that was withdrawn in 2017. The purpose of the guidance is to ensure that major federal actions are in compliance with NEPA, which requires considering environmental […]
