pipelines
Shale Law Weekly Review – Week of October 11, 2021
GHG Emissions: U.S. Environmental Protection Agency Issues Final Rule to Reduce Hydrofluorocarbons Use and Production ⚡
On October 5, 2021, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a Final Rule, titled “Phasedown of Hydrofluorocarbons: Establishing the Allowance Allocation and Trading Program Under the American Innovation and Manufacturing Act.” The purpose of this rule is to decrease the U.S. production and use of hydrofluorocarbons (HCFs) by 85% until 2036, in accordance with the 2020 American Innovation and Manufacturing Act. Hydrofluorocarbons are potent greenhouse gases that are commonly used as refrigerants in refrigeration and air-conditioning systems. In a […]
Shale Law Weekly Review – Week of October 4, 2021
Pipelines: Ohio Supreme Court Approves Construction of the Central Corridor Pipeline despite Lack of Alternative Route ⚡
On September 22, 2021, the Ohio Supreme Court ruled that Duke Energy could proceed with the construction of the Central Corridor Pipeline through portions of Hamilton County, Ohio. The cities of Blue Ash and Reading along with a group of individuals challenged the construction of the pipeline arguing that the Ohio Power Sitting Board erred in allowing Duke Energy to submit a proposed route without a proposed alternative. The state Supreme Court agreed with plaintiffs’ argument; however, the court held that they could […]
Shale Law Weekly Review – Week of September 27, 2021
Pipelines: PennEast Pipeline Co. LLC Withdraws Eminent Domain Claims and Halts Pipeline Project ⚡
In a notice sent to the Third Circuit Court of Appeals on September 20, 2021, PennEast Pipeline Co. LLC, in agreement with New Jersey Attorney General’s Office, decided to withdraw all eminent-domain claims on 42 parcels of state-owned land. In re: PennEast Pipeline Co LLC, No. 19-1191. This agreement puts an end to the PennEast Pipeline Project despite a recent U.S. Supreme Court’s decision allowing PennEast Pipeline Co. LLC to condemn state-owned properties in New Jersey. SLWR – July 5, 2021, “National Policy: Supreme […]
Shale Law Weekly Review – Week of September 20, 2021
State Regulation: Los Angeles County Board of Supervisors Unanimously Votes to Phase Out Oil and Gas Development ⚡
On September 15, 2021, the County of Los Angeles Board of Supervisors unanimously voted on a motion to prohibit new oil and gas development within the county. In that regard, the Board requested the Los Angeles County Department of Regional Planning (DRP) to modify the pending Draft Oil Well Ordinance for unincorporated Los Angeles County to reflect that ban. Additionally, the Board also agreed to initiate a process to phase out existing oil and gas drilling in the unincorporated areas of the […]
Shale Law Weekly Review – Week of September 13, 2021
Pipelines: D.C. Circuit Court of Appeals Rejects Petition to Rehear Decision to Remand FERC’s Certification Order for Spire STL Pipeline Project ⚡
On September 7, 2021, the U.S. Court of Appeals for the District of Columbia Circuit denied Intervenors Spire Missouri Inc. and Spire STL Pipeline’s petition for rehearing en banc to reconsider the court’s decision dated June 22, 2021, to vacate FERC’s certification order for the Spire STL Pipeline Project and remand with vacatur the case to the Commission for appropriate action. Environmental Defense Fund v. FERC, USCA D.C. Cir., No. 20-1016. The Spire STL Pipeline is an interstate […]
Shale Law Weekly Review – Week of September 6, 2021
GHG Emissions: Pennsylvania IRCC Approves Carbon Pricing Proposed Rulemaking
On September 1, 2021, the Pennsylvania Independent Regulatory Review Commission (IRCC) reviewed and approved a rulemaking proposed by the Environmental Quality Board (EQB). The proposed regulation (Reg. #7-559) was initially published in the Pennsylvania Bulletin on November 7, 2020 and would amend 25 Pa. Code Chapter 145 and establish a CO2 Budget Trading Program. The purpose of the program would be to restrict carbon emissions from fossil-fuel-fired electric generating units (EGU) through carbon pricing. In addition, Pennsylvania will join the Regional Greenhouse Gas Initiative (RGGI), a cooperative market-based cap-and-trade […]
Shale Law Weekly Review – Week of August 30, 2021
Pipelines: The American Petroleum Institute Announces Publication of Updated Pipeline Control Systems Cybersecurity Standard
On August 18, 2021, the American Petroleum Institute (API) released its 3rd edition of Standard 1164, Pipeline Control Systems Cybersecurity. This publication is designed to provide guidance for the strategic protection of the national critical infrastructure against cyber-attacks. API stated that this “expansion of the standard supports the Biden administration’s national security priorities as well as the United Nations Sustainable Development Goal (UNSDG) 9 for resilient infrastructure.”
Mergers and Acquisitions: Federal Trade Commission Chair to Investigate Unlawful Business Practices in the U.S. Gasoline Market
On August 25, 2021, […]
Shale Law Weekly Review – Week of August 9, 2021
LNG Infrastructure: Court Orders FERC to Review Climate Change Impacts of Texas Liquefied Natural Gas Terminals
On August 3, 2021, the United States Court of Appeals for the District of Columbia Circuit issued an opinion finding that the Federal Energy Regulatory Commission (FERC) failed to sufficiently address the impacts of three liquefied natural gas (LNG) export terminals located in Cameron County, Texas. Vecinos Para el Bienestar De La Comunidad Costera, et al. v. Federal Energy Regulatory Commission, No. 20-1045. The case was brought by several environmental groups that argued FERC’s review of the LNG projects’ climate change impacts did […]
Shale Law Weekly Review – Week of June 21, 2021
Economic Development: Maine Passes Law Requiring State Divestment of Fossil Fuel Securities ⚡
On June 16, 2021, the Governor of Maine signed into law L.D. 99 (H.P. 65), titled “An Act to Require the State to Divest Itself of Assets Invested in the Fossil Fuel Industry.” The act prohibits the Treasurer of State (Treasurer) from investing in the stocks, bonds, commercial paper, or securities of any fossil fuel company and requires the Treasurer to review the holdings of the Maine Public Employees Retirement System and completely divest any fossil fuel-related holdings by January 1, 2026. The law requires the […]
Shale Law Weekly – Week of June 14, 2021
Pipelines: Court of Appeals Denies Abeyance of Jordan Cove Pipeline Challenge ⚡
On June 7, 2021, the U.S. Court of Appeals for the District of Columbia Circuit issued an order denying a motion to put the Jordan Cove Pipeline case on hold. Deborah Evans, et al v. FERC, No. 20-01161; FERC Nos. CP17-494-000 and CP17-495-000. Jordan Cove Energy Project L.P. (Jordan) and Pacific Connector Gas Pipeline, LP’s (Pacific) put forward a motion to hold in abeyance the case challenging the Federal Energy Regulatory Commission’s (FERC) March 2020 authorization of the Jordan Cove liquefied natural gas […]
