pipelines
Shale Law Weekly Review—Week of March 13, 2023
Pipelines: US Fish and Wildlife Service Finds Mountain Valley Pipeline Unlikely to Threaten Existence of Five Regional Species ⚡
On Monday, March 1, 2023, the United States Fish and Wildlife Service (FWS) published a revised impact assessment for the proposed Mountain Valley Pipeline, a 304-mile natural gas pipeline that will span from the Wetzel County region of West Virginia to the Pittsylvania County region of Virginia. In their assessment, the FWS’s conducts jeopardy analyses for five particular species of plant and animals that inhabit the region across which the pipeline will be constructed. The overall “rangewide status” of the species […]
Shale Law Weekly Review—Week of February 6, 2023
Public Health: DOI Publishes Draft Guidance for $500 Million Grant to States for Orphaned Well Cleanup ⚡
On January 30, 2023, the U.S. Department of the Interior (DOI) released draft guidance on the $500 million grant that is being provided to states under the Bipartisan Infrastructure Law for the purpose of orphaned well cleanup. This grant will be used to build the infrastructure and create the jobs necessary for “well site plugging, remediation, and reclamation.” The guidance indicates what information states must provide to receive a “Phase 1 Formula grant,” which includes the allotted $500 million in funding based on […]
Shale Law Weekly Review—Week of January 30, 2023
Hydraulic Fracturing Bans: Fossil Fuel Companies Petition Supreme Court to Reverse Ban on All New Permits for Oil Production on the Pacific Outer Continental Shelf ⚡
On January 25, 2023, the American Petroleum Institute, Exxon Mobile, and DCOR petitioned the Supreme Court to review the decision by the Ninth District Court of Appeals to uphold an injunction against all new well-stimulation treatment permits in the Pacific Outer Continental Shelf. In their petition, the three companies first argue that the Ninth Circuit erred in upholding the Department of the Interior’s finding that “hypothetical future approvals of permits to conduct well-stimulation treatments” […]
Shale Law Weekly Review—Week of January 23, 2023
Community Impacts: DOE Provides Application Guidance for Community-Oriented Clean Energy Program ⚡
On January 18, 2023, The U.S. Department of Energy (2023) provided additional guidance for its Energy Efficiency and Conservation Block Grant (EECBG) Program. The EECBG program will allow state, local, and Tribal governments to apply for $430 million in grant funding to support energy efficiency projects and “to reduce fossil fuel emissions.” The funding may be used for community projects such as creating community solar, bike lanes, or installing renewable projects. The DOE is also seeking input on its Home Energy Rebates Programs, which will provide $9 […]
Shale Law Weekly Review—Week of January 9, 2023
State Regulation: DEP Report Finds Pattern of Non-Compliance Among PA Oil and Gas Well Operators ⚡
On December 29, 2022, the Pennsylvania Department of Environmental Protection (DEP) released a report on the status of compliance with DEP regulations among oil and gas well operators, as a result of a request made by Governor Tom Wolf. The report, prepared by DEP’s Office of Oil and Gas Management, examined abandonment of wells and failures to report on waste production and mechanical integrity. The report found “significant non-compliance” over the past five years, going so far as to say failure to report was […]
Shale Law Weekly Review—Week of December 12, 2022
Hydraulic Fracturing: Delaware River Basin Commission Votes to Ban Wastewater Discharge from Hydraulic Fracturing ⚡
On December 7, 2022, the Delaware River Basin Commission announced it had voted 4-0, with the federal government abstaining, to ban the discharge of wastewater into the Delaware River Basin from hydraulic fracturing. The rule also “discourages, limits, and places conditions on” the importation of water into the Basin. The rule will go into effect 30 days after publication in the Federal Register.
GHG Emissions: DOE Announces Proposed Rule to Decarbonize Federal Buildings
On December 7, 2022, the U.S. Department of Energy announced it had […]
Shale Law Weekly Review—Week of November 28, 2022
Oil and Gas Regulations: EPA Plan for Limiting Emissions from Oil and Gas Sources Near Native Lands Released ⚡
A November 8, 2022, pre-publication version of a plan by the Environmental Protection Agency to require emissions controls by oil and gas producers near native lands in northeast Utah was recently released. The requirements would apply to existing and new oil and gas sources and are intended to reduce emissions to be in compliance with the national air quality standards.
Oil and Gas Leasing: PA Lawsuit Filed Against Shale Company for Health and Environmental Damage
On October 28, 2022, a Washington County, Pennsylvania […]
Shale Law Weekly Review—Week of October 31, 2022
Climate Change: Appeals Court Rules States Lack Standing to Challenge Interagency Working Group Social GHG Estimates ⚡
On October 21, 2022, the U.S. Circuit Court of Appeals for the Eighth Circuit issued an opinion affirming dismissal of a lawsuit by a coalition of states, led by Missouri, for lack of standing. Missouri, et al. v. Biden, et al., Case No. 21-3013. The court ruled that the states’ requested injunction against an Interagency Working Group’s Social Cost of Greenhouse Gases estimates is outside federal courts’ jurisdictions, as the states could not “plausibly allege…concrete and particularized actual injury…fairly traceable to defendants’ conduct.” […]
Shale Law Weekly Review—Week of October 24, 2022
National Energy Policy: Department of Energy Oil Sale and Repurchasing Policies Announced ⚡
On October 18, 2022, a fact sheet posted on the White House website announced a Notice of Sale by the Department of Energy to release up to 15 million barrels of oil from the Strategic Petroleum Reserve (SPR), beginning on October 19, 2022. The purpose of the release is to lower energy costs, according to a press release by the DOE. Additionally, the DOE finalized a rule to repurchase crude oil for the SPR once the price oil is “at or below about $67-$72 per […]
Shale Law Weekly Review—Week of October 3, 2022
National Energy Policy: EPA Establishes New Environmental Justice Office ⚡
On September 24, 2022, the U.S. Environmental Protection Agency announced the creation of the new Office of Environmental Justice and External Civil Rights. The Office will manage the $3 billion climate and environmental justice program created by the Inflation Reduction Act. The EPA created the Office by merging its Office of Environmental Justice, External Civil Rights Compliance Office, and Conflict Prevention and Resolution Center.
Oil and Gas Regulation: Lawsuit Challenges BOEM Approvals of California Oil Rigs
On September 29, 2022, the Center for Biological Diversity filed a complaint in the […]
