pipelines
Shale Law Weekly Review—Week of July 14, 2025
National Energy Policy: Department of Energy Revises NEPA Regulations ⚡
On June 30, 2025, the Department of Energy (DOE) published an interim rule removing its current National Environmental Policy Act (NEPA) regulations and issuing new guidelines. NEPA requires federal agencies to prepare environmental impact statements before approving major projects. This rule would remove NEPA obligations for natural gas imports or exports “to countries with which the United States has a free trade agreement.” Further, NEPA will also only apply to the Federal Energy Regulatory Commission’s (FERC) final actions, not any proposed rules. This rule comes after the Supreme Court’s […]
Shale Law Weekly Review—Week of July 7, 2025
Pipelines: FERC Issues Waivers and Proposes Rule Changes to Expedite Pipeline Development ⚡
On June 18, 2025, the Federal Energy Regulatory Commission (FERC) announced a set of regulatory changes aimed at facilitating the construction of natural gas infrastructure. These regulatory adjustments include the following:
- Order Granting in Part Temporary Waiver of Regulations to Increase Blanket Certificate Cost Limitations re Interstate Natural Gas Association of America under CP25-208,
- Notice of Inquiry re Blanket Certificate Cost Limitations under RM25-12,
- Notice of Proposed Rulemaking re Removal of Regulations Limiting Authorizations to Proceed with Construction Activities Pending Rehearing under RM25-9, and
[…]
Shale Law Weekly Review—Week of June 9, 2025
Oil and Gas Leasing: BLM Directed to Reduce Lease Review Timeline to Six Months Under New Interior Directive ⚡
On May 13, 2025, the Bureau of Land Management (BLM) issued an Instruction Memorandum to streamline and accelerate the federal oil and gas leasing process. The memorandum directs BLM to hold lease sales within six months of parcel review initiation and to increase the availability of lands for leasing. The memorandum also emphasizes adherence to the Mineral Leasing Act and procedures for land use planning, NEPA compliance, and lease parcel evaluation. Lease sales will follow a structured timeline that includes public […]
Shale Law Weekly Review—Week of April 21, 2025
National Energy Policy: Bureau of Land Management Rescinds Environmental Impact Statement Requirement ⚡
On April 11, 2025, the Bureau of Land Management (BLM) rescinded its notice which had required seven states to prepare an environmental impact statement (EIS) for various oil and gas operations. The seven states affected are Colorado, Montana, New Mexico, North Dakota, South Dakota, Utah and Wyoming. The notice comes after both the White House and the Department of the Interior issued orders removing prior regulations related to energy development. By revoking the EIS requirement (set forth under the National Environmental Policy Act), the BLM […]
Shale Law Weekly Review—Week of April 14, 2025
Oil and Gas Leasing: Pennsylvania Superior Court Upholds Choice of Forum Clause in Lease ⚡
On March 20, 2025, the Superior Court of Pennsylvania ruled that the language of an oil and gas lease reserved the choice of forum decision to the lessor. Golden Eagle Res. II LLC v. EQT Prod. Co., Nos. 261 WDA 2024, 413 WDA 2024, 2025 Pa. Super. Unpub. LEXIS 763 (Mar. 24, 2025). Plaintiff Golden Eagle Resources (Golden Eagle) leased its oil and gas interest underneath two properties to LOLA, who subsequently leased it to defendant EQT Production Company (EQT). A provision allowed the […]
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 […]
