pipelines
Shale Law Weekly Review—Week of December 25, 2023
State Regulation: Massachusetts Orders Gas Companies to Consider Non-gas Pipeline Alternatives ⚡
On December 6, 2023, the Massachusetts Department of Public Utilities (DPU) issued Order 20-80 which, according to the DPU, will guide local gas distribution companies (LDCs) in the Commonwealth’s efforts to reach net zero GHG emissions by 2050. The Order emphasizes the use of “non-gas pipeline alternatives” such as “electrification, thermal networked systems, targeted energy efficiency and demand response, and behavior change and market transformation” by LCDs. Further, the Order requires LCDs seeking cost recovery for the promotion of natural gas to prove that non-gas pipeline alternatives “were […]
Shale Law Weekly Review—Week of December 11, 2023
Climate Change: New Jersey Adopts Rule Requiring 100% of Light-Duty Vehicle Sales to be Zero-Emission Vehicles by 2035 ⚡
On November 21, 2023, the New Jersey Office of the Governor announced the next stages for Advanced Clean Cars II rule, requiring all “light-duty vehicle” manufacturers to incrementally increase sales of zero-emission vehicles (ZEV) beginning in 2027 to reach 100% of vehicle sales by 2035. The rule was proposed on August 21, 2023 by the NJ Department of Environmental Protection and, according to the announcement, is now scheduled to be confirmed on December 18, 2023. The rule is modeled […]
Shale Law Weekly Review—Week of December 4, 2023
Pipelines: FERC Authorizes Construction of the Southeast Energy Connector Project ⚡
On November 16, 2023, FERC issued an order authorizing the construction and operation of the Southeast Energy Connector Project (SECP). Transcontinental Gas Pipe Line Co. LLC, 185 FERC ¶ 61133, Docket No. CP22-501-000 (2023). The order authorizes the construction and operation of Transcontinental Gas Pipe Line Co. LLC (Transco)’s pipeline and associated compression facilities in Chilton and Coosa Counties, Alabama. Transco is a wholly owned subsidiary of Williams Gas Pipeline Company, LLC. According to the order by FERC, the SECP is designed to supply energy to Mississippi and […]
Shale Law Weekly Review—Week of November 20, 2023
Community Impacts: US Supreme Court Denies Motion to Stay Upcoming Coastal Erosion Case Against BP ⚡
On Tuesday, November 7, 2023, the United State Supreme Court denied an application for stay brought before the Court by BP America Production, Hilcorp Energy, and Shell Oil. BP America Production Company, et al., Applicants v. Parish of Cameron, Louisiana, et al. (No. 23A364.) The underlying lawsuit was filed by the Parish of Cameron back in 2013, seeking damages for the alleged destruction of Louisiana’s coastlines and waters by the activities of the defendant oil and gas companies. More specifically, Plaintiffs seek […]
Shale Law Weekly Review—Week of November 6, 2023
Oil & Gas Leasing: Alaska Challenges DOI’s Cancellation of Leases in Alaska National Wildlife Refuge ⚡
On October 18, 2023, the Alaska Industrial Development and Export Authority (ADIEA), a public corporation owned by the State of Alaska, sued DOI for cancelling its leases in the Alaska National Wildlife Refuge (ANWR). Alaska Indus. Dev. & Export Auth. v. U.S. Dep’t of the Interior, No. 1:23-cv-03126 (D.D.C. Oct. 18, 2023). The leases were initially suspended by the Department of the Interior (DOI) in 2021, and later cancelled on September 16, 2023. ADIEA seeks to overturn the DOI’s decision to cancel […]
Shale Law Weekly Review—Week of September 18, 2023
Oil and Gas Leasing: DOI Cancels Oil and Gas Leases in the Arctic National Wildlife Refuge ⚡
On September 6, 2023, the U.S. Department of the Interior announced it is cancelling oil and gas leases in the Arctic National Wildlife Refuge (ANWR) that were originally issued in a 2021 lease sale. See “Notice of 2021 Coastal Plain Alaska Oil and Gas Lease Sale and Notice of Availability of the Detailed Statement of Sale, 85 Fed. Reg. 78,865 (Dec. 7, 2020).” The leases encompassed over 430,000 acres, divided into nine tracts. Pursuant to this announcement, the Bureau of Land Management […]
Shale Law Weekly Review—Week of August 28, 2023
Crude Oil by Rail: The D.C. Appeals Court Halts Uinta Basin Railway Project Citing Defects in the Environmental Impact Statement Prepared by the Surface Transportation Board ⚡
On August 18, 2023, the U.S. Court of Appeals for the District of Columbia (the “Court”) issued an order vacating a final exemption order granted by the Surface Transportation Board (the “Board”) for the proposed Uinta Basin Railway project (“Railway”). Eagle County, Colorado v. Surface Transporation Board, No: 22-1019 (D.C. Cir. 2023). The potential Railway’s stated purpose is to provide an alternative method for firms to transport crude oil produced in the […]
Shale Law Weekly Review—Week of August 7, 2023
Methane Emissions: White House Holds Methane Summit ⚡
On Wednesday, July 26, 2023, the White House released a fact sheet describing the White House Methane Summit, which was held that day. The Summit focused on strategies to reduce methane emissions and with a focus on methane leaks from the oil and gas industry. The fact sheet also announced the creation of a Cabinet-level White House Methane Task Force, which will aid in the implementation of the U.S. Methane Emissions Reduction Action Plan. The Summit examined the following topics: “Detecting Emissions Using Innovative Technology,” “Taking Common-Sense Actions to Mitigate Methane […]
Shale Law Weekly Review—Week of July 24, 2023
State Regulation: PA Commonwealth Court Rules that PA DEP Does Not Have Jurisdiction to Review “Inaction” Under the Oil and Gas Act ⚡
On July 10, 2023, the Commonwealth Court of Pennsylvania found that, under Pennsylvania’s Oil and Gas Act, the inaction of the Pennsylvania Department of Environmental Protection (PA DEP) does not count as an “action” which the PA DEP has jurisdiction to review. Glahn v. Dep’t of Envtl. Prot. (Envtl. Hearing Bd.). This case was brought as an appeal from an order of PA DEP’s Environmental Hearing Board (EHB), which had granted PA DEP’s motion to dismiss. In […]
Shale Law Weekly Review—Week of July 17, 2023
National Energy Policy: DOE Announces $90 Million Intended to Update State and Local Building Energy Codes ⚡
On July 12, 2023, the United States Department of Energy (DOE) posted a press release announcing $90 million to help municipalities, states, tribes, and other partnering organizations implement updated building energy codes. The funding has been awarded to 27 projects in 26 states and the District of Columbia. Updated state and local building codes are projected to save Americans $138 billion on utility bills and reduce CO2 emissions by 900 million metric tons by 2040, according to the DOE’s impact analysis.
Air Quality: […]
