pipelines
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 17, 2025
Pipelines: Mountain Valley Pipeline Requests Approval to Build Southgate Extension ⚡
On February 3, 2025, Mountain Valley Pipeline, LLC (MVP) submitted an abbreviated application to the Federal Energy Regulatory Commission (FERC) regarding its Southgate Extension, which will run from Pittsylvania County, Virginia, to Rockingham County, North Carolina. MVP requests that FERC issue an order amending the project’s certificate of public convenience and necessity, which was originally approved by FERC in 2020, but has faced several legal battles over the past four years. MVP specifically requests approval to construct “31.3 miles of 30-inch-diamater natural gas pipeline . . . , […]
Shale Law Weekly Review—Week of February 10, 2025
Pipelines: FERC Issues Order on Remand Reinstating Certificate and Abandonment Authorization to Transcontinental Gas Pipe Line Company ⚡
On January 24, 2025, the Federal Energy Regulatory Commission (FERC) issued an order reinstating the Transcontinental Gas Pipe Line Company’s (Transco) “certificate and abandonment authority . . . for the REAE Project.” The order, which detailed that the issue was on remand from the D.C. Circuit Court, found that the Regional Energy Access Expansion Project (REAE Project) was needed and “that the benefits outweigh the adverse impacts.” In its reasoning, FERC determined that there was a need for the REAE Project due […]
Shale Law Weekly Review—Week of February 3, 2025
LNG Infrastructure: D.C. Circuit Court of Appeals Vacates PHMSA’s Rule on LNG Rail Transportation ⚡
On January 17, 2025, the Court of Appeals for the District of Columbia vacated the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) rule that allowed LNG rail transportation without a permit. Sierra Club, et al v. DOT, et al, Docket No. 20-01317 (D.C. Cir. Aug 18, 2020). The petitioners argued that PHMSA was required to prepare an environmental impact statement (EIS) in order to comply with the National Environmental Policy Act (NEPA). The court agreed with the petitioner’s assertion, finding that the PHMSA’s failure to […]
Shale Law Weekly Review—Week of January 6, 2025
LNG Exports: DOE Releases Updated Study on LNG Exports and Invites Public Comment ⚡
On December 17, 2024, the U.S. Department of Energy (DOE) released the 2024 LNG Export Study: Energy, Economic, and Environmental Assessment of U.S. LNG Exports. The long-awaited study examines the potential effects on domestic households, consumers, economy, and energy security by U.S. LNG exports, as well as the exports’ effects on communities near LNG export terminals and production facilities. According to the Secretary of Energy’s statement, the study will help inform the DOE’s public interest analysis when making LNG export decisions where the U.S. has […]
Shale Law Weekly Review—Week of December 9, 2024
Public Health: The Environmental Protection Agency Releases New Draft Framework and Seeks Public Comment on Public Health Impacts on Communities ⚡
On November 21, 2024, the Environmental Protection Agency (EPA) released a draft framework for principles that EPA will reference when making decisions that can impact the health and environment of communities, especially Tribal and Indigenous peoples. The EPA’s draft is entitled “Interim Framework for Advancing Consideration of Cumulative Efforts.” The draft aims to help the EPA incorporate meaningful impacts on public health in Tribes and communities by using the public’s input. Cumulative impacts which are defined as “the […]
Shale Law Weekly Review—Week of December 2, 2024
Methane Emissions: EPA Finalizes Methane Emissions Fee for Oil and Gas Sector ⚡
On November 12, 2024, the U.S. Environmental Protection Agency (EPA) issued a final rule implementing a Waste Emissions Charge (WEC) on certain oil and gas operations. The WEC will apply to high-emitting oil and gas facilities, defined as those reporting to the Greenhouse Gas Reporting Program annual emissions exceeding 25,000 metric tons of carbon dioxide equivalent. This rule was issued under a Congressional directive of the Inflation Reduction Act requiring the EPA to implement and collect the fees, as well as provide for appropriate exemptions where emissions […]
Shale Law Weekly Review—Week of November 18, 2024
Environmental Impact Studies: Environmental Assessment Completed for Drilling in the Arctic Wildlife Refuge ⚡
On November 6, 2024, the Biden administration, through the Bureau of Land Management (BLM), released the final environmental analysis for proposed oil and gas drilling in the Arctic Wildlife Refuge, in northeast Alaska. This comes after the Trump Administration’s 2017 Tax Cuts and Jobs Act mandated two sales for the right to drill in the Arctic Refuge. The first sale was held in 2020, and the leases of which were subsequently blocked by the Biden Administration. This second sale, overseen by the Biden Administration, will be […]
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 […]
