pipelines
Shale Law Weekly Review – Week of February 1, 2021
Pipelines: Court of Appeals Affirms Lower Court’s Decision to Vacate Easement for Dakota Access Pipeline
On January 26, 2021, the U.S. Court of Appeals for the District of Columbia Circuit affirmed a lower court ruling vacating the subsurface easement used by Dakota Access Pipeline (DAPL) to traverse beneath Lake Oahe. (Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, No. 20-1597). Previously, on July 6, 2020, the U.S. District Court for the District of Columbia vacated the DAPL easement and ordered that the Dakota Access Pipeline be emptied and shut down within 30 days. (District Court Case No. […]
Shale Law Weekly Review – Week of January 25, 2021
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Biofuels: Supreme Court to Hear Small-Refinery Exemption Appeal
On January 8, 2021, the U.S. Supreme Court granted a petition for writ of certiorari to hear an appeal of a January 24, 2020, decision from the U.S. Court of Appeals for the Tenth Circuit that invalidated the Environmental Protection Agency’s (EPA) grant of renewable fuel standard (RFS) small refinery exemptions. HollyFrontier […]
Shale Law Weekly Review – January 18, 2021
Water Quality: Pennsylvania Senators File Lawsuit Against Delaware River Basin Commission Seeking to Lift Drilling Moratorium
On January 11, 2021, a lawsuit was filed in the U.S. District Court for the Eastern District of Pennsylvania against the Delaware River Basin Commission by Pennsylvania Senators Gene Yaw and Lisa Baker, the Pennsylvania Senate Republican Caucus, and Damascus Township. (Senator Gene Yaw, et al. v. The Delaware River Basin Commission, Docket number 2:21-cv-00119.) The complaint asks the court to determine whether the Delaware River Basin Commission exceeded its authority by imposing a moratorium on the construction and operation of natural gas wells, or, alternatively, whether […]
Shale Law Weekly Review – January 15, 2021
Pipelines: Montana Department of Environmental Quality Issues Final Determination on Keystone XL’s 401 Water Quality Certification Application
On December 31, 2020, the Montana Department of Environmental Quality (DEQ) issued its final determination on Keystone XL Pipeline’s application for 401 Water Quality Certification. The final determination announced that DEQ would issue the pipeline the 401 Water Quality Certification with fifteen conditions, including one which allows DEQ to reopen and modify the Certification to ensure the pipeline adheres to relevant water quality standards. DEQ imposed the conditions because it has been unable to answer and meaningfully respond to all of the more than 650 […]
Shale Law Weekly Review – January 9, 2021
Pipelines: Ohio Legislature Advances Bill Imposing Criminal Penalties for Tampering with Pipeline Infrastructure
On December 17, 2020, the Ohio House of Representatives passed Senate Bill 33 which contains measures modifying the criminal penalties that may be imposed on people who damage critical infrastructure. The infrastructure to which this measure applies includes pipelines, petroleum refiners, gas processing plants, and freight facilities. The bill provides property owners with the ability to bring a civil action and be awarded damages and attorney fees against individuals who damage infrastructure. The bill also imposes criminal penalties for destroying or tampering with infrastructure by legislating that […]
Shale Law Weekly Review – December 22, 2020
Pipelines: Maryland Board of Public Works Approves Wetlands License for Underground Pipeline Construction
On December 2, 2020, the Maryland Board of Public Works unanimously voted to issue a Wetlands License to Eastern Shore Natural Gas Pipeline Company to construct and operate an underground pipeline spanning seven miles beneath South Prong Wicomico River. In considering whether to issue the license, the Board had to determine the extent of the pipeline project’s impact on wetlands. At the meeting, a representative of the Maryland Department of Environment recommended that the Board approve the license with certain conditions relating to drilling fluid pressure limits, […]
Shale Law Weekly Review – December 11, 2020
State Regulation: Pennsylvania Governor Vetoes Amendment to Conventional Oil and Gas Act
On November 25, 2020, Pennsylvania Governor Tom Wolf vetoed a bill that would have amended the Conventional Oil and Gas Act. The purpose of the changes in SB 790 was to alleviate challenges faced by conventional oil drillers stemming from Act 13 regulations imposed on them after the Pennsylvania Marcellus shale boom in 2012. Among other revisions, the bill would have decreased reporting requirements for spills and would have permitted wastewater to be used on roads to reduce dust. In the veto, the governor stated that he would not sign […]
Shale Law Weekly Review – November 30, 2020
Pipelines: Enbridge Granted Water Crossing Permit by U.S. Army Corps of Engineers
On November 23, 2020, the U.S. Army Corps of Engineers (Corps) issued a water crossing permit to Enbridge pipeline for the Line 3 replacement project. In a statement, the Corps stated that “the Line 3 project is compliant with all federal laws and regulations.” On November 24, 2020, the Minnesota Public Utilities Commission also issued its authorization allowing the pipeline replacement project to proceed. In its statement, Enbridge noted that the only outstanding permit needed to proceed with the project is a stormwater permit issued by the Minnesota Pollution […]
Shale Law Weekly Review – November 25, 2020
Pipelines: Michigan Governor Revokes Easement for Enbridge Line 5 and Orders Operations to Cease
On November 13, 2020, the governor of Michigan, Gretchen Whitmer, issued a Notice of Revocation and Termination of Easement to Enbridge, ordering it to cease operation of the Line 5 pipeline which runs under the Straits of Mackinac. Enbridge was given 180 days to comply with the order, with operations ceasing no later than May 12, 2021. The Notice states that the easement was revoked due to violations of the public trust doctrine and various requirements imposed by the original 1953 Easement. That same day, the […]
Shale Law Weekly Review – November 20, 2020
Pipelines: Court of Appeals Issues Stay for Mountain Valley Pipeline NWP12 Permits
On November 9, 2020, the U.S. Court of Appeals for the Fourth Circuit issued an order granting petitioners’ motions to stay water crossing permits issued by the U.S. Army Corps of Engineers for the Mountain Valley Pipeline project. The administrative stay will temporarily block the Nationwide Permit 12 which was reissued by the U.S. Army Corps of Engineers on September 25, 2020. The court did not explain its reasoning for granting the stay, but it will issue an opinion on this matter at a later time. Audio for the oral argument on […]
