pipelines
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 The Notice states that the easement was revoked due to violations of the public trust doctrine and various requirements imposed by the original 1953 Easement.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 […]
Shale Law Weekly Review – November 13, 2020
Methane Emissions: Texas Approves Revisions to Data Sheet to Collect More Information on Flaring
On November 4, 2020, the Texas Railroad Commission announced that it had approved revisions to the Statewide Rule 32 Exception Data Sheet. The changes were proposed in August and will compel oil and gas operators to more thoroughly document the reasons for which operators determine their need to flare gas. The new provisions allow the Texas Railroad Commission to assess operator compliance with flaring and venting regulations. The changes will also provide more insight into the practice of flaring and venting by providing a method for collecting […]
Shale Law Weekly Review – November 9, 2020
Pipelines: Michigan Limits Scope of Hearings on Enbridge Line 5 Tunnel
On October 23, 2020, the Michigan Office of Administrative Hearings and Rules issued a ruling on the Motion in Limine submitted by Enbridge to limit the scope and evidence presented in upcoming hearings before the Michigan Public Service Commission regarding construction of Line 5 under the Straits of Mackinac. In the decision, the agency determined that it was necessary for the Commission to consider the Utility Tunnel’s design, construction, and operation in the construction of the pipeline. The Commission must also consider the Utility Tunnel to determine that Enbridge has undertaken […]
Shale Law Weekly Review – November 2, 2020
Pipelines: Federal Judge Permits Construction of Keystone XL Pipeline to Continue at Border
On October 16, 2020, the U.S District Court for the District of Montana issued an order denying renewed motions for a temporary restraining order and preliminary injunction filed by environmental groups seeking to stay all approvals that had been issued and to enjoin all pre-construction and construction activities for the Keystone XL Pipeline System. The District Court concluded that petitioners, Indigenous Environmental Network and North Coast Rivers Alliance, failed to show both a likelihood of success on the merits and that they are likely to suffer irreparable injury […]
Shale Law Weekly Review – October 26, 2020
Pipelines: Dakota Access Permitted to Increase Pipeline Capacity
On October 14, 2020, the Illinois Commerce Commission issued an order allowing the Dakota Access Pipeline to install more pumping stations along the pipeline at various locations in Illinois. The Commission found that the additional pump stations will help to nearly double the pipeline’s capacity to transport crude oil from 570,000 barrels per day to up to 1.1 million barrels per day. The additional pump stations will be located in Hancock County, Massac County, and near Patoka, Illinois. Dakota Access Pipeline alleged the need to increase capacity of the pipeline in order to meet growing […]
Shale Law Weekly Review – October 16, 2020
Pipelines: FERC Lifts Stop Work Order for Mountain Valley Pipeline
On October 9, 2020, the Federal Energy Regulatory Commission (FERC) partially lifted its stop work order and granted Mountain Valley Pipeline’s request for an extension of time to complete the project. FERC’s order authorizes construction along the majority of the pipeline route, but it does not authorize construction between mileposts 196.0 and 221.0. Mountain Valley Pipeline’s request to extend the deadline to complete the project until October 13, 2022, was also granted.
Pipelines: DC Court of Appeals Issues Order Denying Motion for Stay of FERC Orders for Jordan Cove Project
On […]
Shale Law Weekly Review—October 6, 2020
Pipelines: Mountain Valley Pipeline Receives Permits to Move Project Forward
On September 25, 2020, the U.S. Army Corps of Engineers issued a letter to the Mountain Valley Pipeline Project reissuing Nationwide Permit 12 Verifications (NWP 12). This permits dredge and fill activities in navigational waters in Virginia and West Virginia and is a step towards the pipeline being completed. Also on this same date, a Draft Supplemental Environmental Impact Statement prepared by the U.S. Forest Service was issued evaluating the effects of the pipeline’s construction on federal lands in Jefferson National Forest. The draft SEIS is available for comment until November 9. In response […]
Shale Law Weekly Review – September 25, 2020
Pipelines: Court Orders Additional Briefing on Continued Operation of Dakota Access Pipeline
On September 11, 2020, U.S. District Court for the District of Columbia issued an order requesting additional briefing to be submitted to it in Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers. (Case Number 16-1534 (JEB)). The parties’ additional briefs will assist the court in determining whether it should issue an injunction preventing the Dakota Access pipeline, spanning 1,272 miles, from operating. In the order, the district court denied the U.S. Army Corps’ request to pause the litigation while the Corps decides whether to allow the pipeline to continue operating, a […]
Shale Law Weekly Review – September 18, 2020
Pipelines / Wildlife Habitat: U.S. Fish and Wildlife Service Issues New Report for Mountain Valley Pipeline Project
On September 4, 2020, the U.S. Fish and Wildlife Service issued a Biological Opinion and Incidental Take Statement considering the Mountain Valley Pipeline project’s impact on endangered and threatened species and their habitats. This report, which replaces the report the Service issued in 2017, examined impacts the construction of the pipeline would have on five species: the Indiana bat and Northern long eared bat; two species of fish, the Roanoke logperch and candy darter; and a shrub, the Virginia spiraea. The Service determined […]
