pipelines
Shale Law Weekly Review—Week of September 3, 2024
Pipelines: U.S. Court of Appeals for the District of Columbia Vacates Four of the Pipeline Hazardous Materials Safety Administration’s Safety Standards for Pipelines ⚡
On August 16, 2024, in a case regarding safety standards for pipelines, the U.S. Court of Appeals for the District of Columbia vacated four safety standards promulgated by the Pipeline Hazardous Materials Safety Administration (PHMSA) in its opinion. Interstate Natural Gas Association of America v. PHMSA, et al, Docket No. 23-01173. At issue were five safety standards, four of which the court agreed were inadequate and one which was proper. First, the court discussed the “High-Frequency-ERW […]
Shale Law Weekly Review—Week of August 26, 2024
Oil and Gas Leasing: Bureau of Land Management Receives Nearly $24 Million in Bids for Oil and Gas Lease Sales in Montana and North Dakota ⚡
On August 7, 2024, the Bureau of Land Management (BLM) conducted a sale for oil and gas leases in the Montana and Dakotas region. The BLM received 264 bids and $23,935,772 in high bids for the 26 parcels, adding up to 5,570 acres, in the Montana-Dakotas Region. The lease sale had its public scoping period from December 28, 2023, to January 29, 2024, and the BLM released its decision record on August […]
Shale Law Weekly Review—Week of July 29, 2024
LNG Exports: D.C. Federal Court Orders Environmental Assessment for Commonwealth LNG Project ⚡
On July 16, 2024, the U.S. Court of Appeals for the District of Columbia Circuit issued a per curiam order granting in part and denying in part petitions to review the Federal Energy Regulatory Commission’s (FERC) approval of a proposed Gulf Coast LNG project by Commonwealth LNG. Healthy Gulf v. FERC, No. 23-1069 (D.C. Cir. 2024). The petitioners, five environmental groups, argued that FERC did not properly address National Environmental Policy Act (NEPA) and Natural Gas Act (NGA) requirements, nor did it properly “determine […]
Shale Law Weekly Review—Week of July 15, 2024
LNG Infrastructure: Western District of Louisiana Blocks the White House’s Pause on Issuing LNG Export Permits ⚡
On July 1, 2024, the Western District of Louisiana issued a judgment, ordering White House officials to resume approving LNG export applications for “liquefied natural gas to non-FTA countries . . . .” In the memorandum ruling, the court concluded that the Plaintiffs had standing to bring the action to court and that the Plaintiffs be granted a preliminary injunction. The preliminary injunction will be granted for “the LNG Export Ban [to] be stayed in its entirety, effective immediately.” The court determined […]
Shale Law Weekly Review—Week of June 24, 2024
GHG Emissions: Department of Energy Publishes Guidance for Zero Emissions Buildings ⚡
On June 6, 2024, the U.S. Department of Energy (DOE) published a document titled “National Definition of a Zero Emissions Building.” The guidance document provides a standardized definition by identifying the minimum criteria for a building to be considered zero-emissions as the following: “(1) energy efficient, (2) free of on-site emissions from energy use, and (3) powered solely from clean energy.” In its announcement, DOE states that this standardized definition “will help advance next-generation clean energy solutions, drive innovation, and tackle the climate crisis, while supporting […]
Shale Law Weekly Review—Week of June 10, 2024
Landscape Issues: Pennsylvania Department of Environmental Protection Allocates $5.6 Million for Environmental Restoration Projects on Abandoned Mine Lands ⚡
On May 13, 2024, the Pennsylvania Department of Environmental Protection (DEP) announced it allocated over $5.6 million in grants from funds received through the federal Bipartisan Infrastructure Law for eight environmental restoration projects on abandoned mine lands. These funds are being allocated through the Abandoned Mine Lands and Acid Mine Drainage Grant Program. Significant allocations include $2.7 million to the Allegheny Land Trust for restoration of the Chalfant Run watershed in Allegheny County and $1.9 million to the […]
Shale Law Weekly Review—Week of May 20, 2024
National Energy Policy: DOE Announces Actions to Advance American Artificial Intelligence ⚡
On April 29, 2024, the U.S. Department of Energy announced several actions intended to advance the use and safety of artificial intelligence across a variety of fields including modernizing the electrical grid, clean energy, national security, climate forecasting, environmental modeling, and emergency response. DOE also published a report titled “AI For Energy: Opportunities for Modern Grid and Clean Energy Economy,” which specifically discusses “AI’s near-term potential to support the growth of America’s clean energy economy and Advanced Research Directions in AI For Energy, a report developed […]
Shale Law Weekly Review—Week of April 15, 2024
National Energy Policy: USDA Funds Clean Energy Projects for PA Farmers and Rural Businesses ⚡
On March 28, 2024, the U.S. Department of Agriculture (USDA) announced it will be investing $5.69 million in 31 energy efficiency and renewable energy projects across 12 Pennsylvania counties. This investment is part of the March announcement of $120 million in Inflation Reduction Funds being allocated across 44 states through the Rural Energy for America Program (REAP). The USDA stated that selected REAP projects help farmers and rural business owners “lower energy costs, generate new income and create jobs” by utilizing clean energy and increasing […]
Shale Law Weekly Review—Week of March 11, 2024
Pipelines: Pennsylvania Public Utility Commission Publishes Updated Safety Standards for Intrastate HVL Transport ⚡
On February 22, 2024, the Pennsylvania Public Utility Commission (PUC) published a Final Form Rulemaking Order (FFRO) to establish state specific safety standards for the intrastate transport of highly volatile liquids (HVLs) by public utilities. The FFRO amends the standards currently outlined in 52 Pa. Code §§ 59.1—59.111. Among the updated safety standards are revamped processes for reporting accidents and notification the PUC and community members of construction. The FFRO also adds spacing and location requirements for where construction on new and existing pipelines can […]
Shale Law Weekly Review—Week of March 4, 2024
State Regulation: Colorado Limits Government Use of Gas-Powered Lawn Equipment ⚡
In February 2024, the Colorado Air Quality Control Commission (AQCC) formally adopted a new regulation first announced in December 2023, that limits the use of gas-powered lawn equipment by state agencies. The new regulation is only applicable during summer months, beginning June 2025, and affects local and state agencies differently. Local agencies within the nine-county span of the North Front Range Ozone Nonattainment area are prohibited from using lawn equipment with more than 10-horsepower on public property. State agencies are restricted statewide from using equipment with engines exceeding […]
