pipelines
Shale Law Weekly Review – Week of February 15, 2021
National Energy Policy: Department of Justice Withdrawals Policies Precluding Use of Supplemental Environmental Projects in Settlement Agreements ⚡
On February 4, 2021, the U.S. Department of Justice Environment and Natural Resources Division (ENRD) issued a Memorandum withdrawing policies that precluded the use of Supplemental Environmental Projects (SEPs) in settlement agreements. The memo withdraws an SEP policy from August 2019 titled “Using Supplemental Environmental Projects in Settlements with State and Local Governments” and a policy from March 2020 titled “Supplemental Environmental Projects in Civil Settlements with Private Defendants.” SEPs […]
Shale Law Weekly Review – Week of February 8, 2021
Pipelines: Supreme Court Agrees to Hear PennEast Pipeline Eminent Domain Case
On February 3, 2021, the U.S. Supreme Court granted PennEast Pipeline’s Petition for Writ of Certiorari. PennEast filed the Petition after the U.S. Court of Appeals for the Third Circuit ruled that PennEast was barred from bringing a lawsuit against New Jersey due to the state’s Eleventh Amendment immunity. (PennEast Pipeline Co., LLC v. New Jersey, Nos. 19-1191 thru 19-1232). PennEast was approved to begin construction on its pipeline when it sued New Jersey under the Natural Gas Act to gain access to state properties using eminent […]
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
The Shale Law Weekly Review has migrated to our new website at https://aglaw.psu.edu/topics/shale-law-weekly-review/. If you have already subscribed, you will continue to receive emails. If you are interested in receiving other publications from the Center, you can subscribe here.
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 […]
