pipelines
Shale Law Weekly Review – July 21, 2020
Pipelines: Court of Appeals Grants Administrative Stay Temporarily Halting Shutdown of Dakota Access Pipeline
On July 14, 2020 the U.S Court of Appeals for the District of Columbia Circuit issued an administrative stay, temporarily halting a District Court order to shutdown and empty the Dakota Access Pipeline. (Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, No. 20-5197). Previously, on July 6, 2020, the District Court for the District of Columbia ordered that the Dakota Access Pipeline be emptied and shut down within 30 days. (district court case No. 16-1534, p. 24). Then, on July 9, 2020, the District Court denied an […]
Shale Law Weekly Review – July 13, 2020
Pipelines: Supreme Court Issues Order Regarding Nationwide Permit 12 Pipeline Approvals
On July 6, 2020, the U.S. Supreme Court issued an Order regarding the Army Corps of Engineers Nationwide Permit 12 (NWP 12) pipeline approvals. (U.S. Army Corps of Engineers v. Northern. Plains Res. Council, No. 19A1053). The Supreme Court’s order stays a May 2020 district court order that had put a hold on NWP 12 approvals for new pipeline construction. Although the Supreme Court stayed the injunction on NWP 12 approvals in general, it did not lift the injunction that the May 2020 order placed specifically on the Keystone XL pipeline NWP […]
Shale Law Weekly Review – July 7, 2020
Pipelines: Michigan Court Allows Partial Restart of Enbridge Line 5 Pipeline After Temporary Restraining Order Issued
On July 1, 2020, the Michigan Circuit Court for Ingham County amended a Temporary Restraining Order (TRO) that had halted operations of both East and West lines of the Enbridge Line 5 pipeline. (Nessel v. Enbridge Energy, LP, No. 19-474-CE). A TRO was issued on June 25, 2020, after damage to the East line was found. However, the Amended TRO allows the West line of the pipeline to restart operations and allows for an “in-line investigation” of the West line. The Amended TRO states that the East […]
Shale Law Weekly Review – June 29, 2020
Pipelines: FERC Approves Mountain Valley Pipeline Extension Project
On June 18, 2020, the Federal Energy Regulatory Commission (FERC) issued an Order granting authorization for a Mountain Valley Pipeline, LLC extension project. The project proposes to add 75.1 miles of natural gas pipeline to the 303.5-mile planned pipeline. The project consists of pipeline, a new compressor station, and four interconnects with meter stations, all located within Virginia and North Carolina. FERC issued the order after concluding that environmental impacts listed in the project’s Final Environmental Impact Statement were acceptable considering the public benefits of the project. FERC’s order consists of a certificate of public convenience and […]
Shale Law Weekly Review – June 23, 2020
Public Lands: Secretary of Agriculture Directs Forest Service to Expedite Environmental Reviews
On June 12, 2020, U.S. Secretary of Agriculture, Sonny Perdue, issued a Memorandum directing the Forest Service to expedite environmental reviews on lands in the National Forest System. The purpose of the Memo, as stated by Perdue, is to provide relief from regulations that are overburdensome, improve customer service, and increase the productivity of the National Forests. More specifically, the Memo directed the Forest Service to set time and page limits to environmental-related documents, streamline environmental review analyses and consultation processes, and expedite compliance with State Historic Preservation […]
Shale Law Weekly Review – June 16, 2020
Pipelines: Court of Appeals Reverses Lower Court Decision on Enbridge Line 5 Pipeline
On June 5, 2020, the U.S. Court of Appeals for the Sixth Circuit reversed a district court decision that determined the Pipeline and Hazardous Materials Safety Administration (PHMSA) had acted improperly in approving the emergency response plans for the Enbridge Line 5 Pipeline. The district court had held PHMSA was required to comply with the National Environmental Policy Act (NEPA) and Endangered Species Act (ESA) before it could approve emergency response plans for pipelines. (Nat’l Wildlife Fed’n v. Sec’y of the U.S. Dep’t of Transp., Nos. 19-1609/1610). The Court […]
Shale Law Weekly Review – June 8, 2020
Pipelines: Court of Appeals Denies Stay of Court Order in Pipeline Permit Case
On May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay a district court order that enjoined the use of Nationwide Permit 12 (NWP 12) for the construction of new oil and gas pipelines. (Northern Plains Resource Council v. U.S. Army Corps of Engineers, No. 20-35412). The U.S. Army Corps of Engineers (Corps) filed its Motion for Stay Pending Appeal on May 13, 2020. The Corps argued that the district court order was “improper” because it granted relief that was not requested by the Plaintiffs. Plaintiffs, […]
Shale Law Weekly Review – May 26, 2020
Water Quality/ Pipelines: New York Denies Water Quality Permit for NESE Pipeline Project
On May 15, 2020, the New York State Department of Environmental Conservation (Department) denied a Water Quality Certification application for the Northeast Supply Enhancement Project (Project) proposed by the Transcontinental Gas Pipe Line Company (Transco). Transco was granted a certificate for the Project by the Federal Energy Regulatory Commission on May 3, 2019, subject to the approval of a state-issued Water Quality Certificate. On May 17, 2019, Transco submitted its Water Quality application to the Department and the application received over 16,000 comments from the public. The Department denied […]
Shale Law Weekly Review – May 18, 2020
National Energy Policy/LNG Exports: Department of Energy Issues Proposed Rule for Changes to NEPA Implementing Procedures
On May 1, 2020, the U.S. Department of Energy (DOE) issued a Notice of Proposed Rulemaking for changes to the Department’s National Environmental Policy Act (NEPA) implementing procedures. The proposed rule states that DOE intends to amend its policies regarding NEPA review of certain imports and exports under the Natural Gas Act. DOE is proposing changes to its procedures based on the legal principle found in Pub. Citizen and Sierra Club that NEPA review does not include review of environmental effects that an agency has no discretion over. See Dep’t […]
Shale Law Weekly Review – May 12, 2020
Water Quality: Supreme Court Vacates Kinder Morgan Pipeline Spill Case in Light of Recent Clean Water Act Decision
On May 4, 2020, the U.S. Supreme Court ordered that a Kinder Morgan pipeline leak case be vacated and remanded in light of a recent Clean Water Act decision (Kinder Morgan Energy Partners, L.P. v. Upstate Forever and Savannah Riverkeeper, No. 18-268). The case was remanded to the U.S. Court of Appeals for the Fourth Circuit following the Supreme Court’s recent decision in County of Maui v. Hawaii Wildlife Fund, 590 U. S. ___ (2020). In 2014, Kinder Morgan’s Plantation pipeline ruptured and leaked 370,000 […]
