Production and Operation
Shale Law Weekly Review—Week of October 9, 2023
National Energy Policy: The White House Publishes Directive on the Social Cost of Greenhouse Gases in Guiding Executive Agency Decisions ⚡
On September 21, 2023, the White House published a fact sheet directing federal agencies to consider the Social Cost of Greenhouse Gases (SC-GHG) when making budgeting decisions, during procurement processes, and in National Environmental Policy Act (NEPA) related environmental reviews. The fact sheet noted that these directives stem from recommendations made by an Interagency Working Group (IWG) charged with analyzing the impacts of SC-GHG pursuant to Executive Order 13990. According to the directive, accounting for the SC-GHG […]
Shale Law Weekly Review—Week of October 2, 2023
Oil and Gas Leasing: Louisiana District Court Orders BOEM to Hold Offshore Lease Sale Without Additional Protections for Endangered Whales ⚡
On Thursday, September 21, 2023, the West District Court of Louisiana granted a Motion for Preliminary Injunction filed by the state of Louisiana and three oil companies in their lawsuit against the government and several environmental justice groups. The suit arose after the Bureau of Ocean Energy Management (BOEM) withdrew six million acres from Lease Sale 261, a proposed lease on the Outer Continental Shelf in the Gulf of Mexico, and restricted “vessel activity in the lease area” to […]
Shale Law Weekly Review—Week of August 14, 2023
Production and Operation: The Department of Transportation’s National Highway Traffic Safety Administration Announces New Fuel Economy Standards for Cars and Trucks ⚡
On July 28, 2023, the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has proposed updated fuel economy standards for passenger cars and light trucks. A 60-day public comment period will follow the proposal’s publication. The NHTSA’s suggested rule is intended to align with the Biden-Harris Administration’s commitment to reducing greenhouse gas emissions and air pollution, particularly in marginalized communities. It proposes various improvements, including a 2% annual fuel efficiency increase for cars and 4% […]
Shale Law Weekly Review – Week of March 15, 2021
Landowner Royalties: Pennsylvania Attorney General Settles Lawsuit Against Chesapeake Energy ⚡
On March 8, 2021, Pennsylvania Attorney General, Josh Shapiro, announced a settlement with Chesapeake Energy to settle litigation related to Chesapeake’s business practices with landowners. The Attorney General initially filed a complaint against Chesapeake alleging that Chesapeake engaged in deceptive and unfair acts that induced landowners to sign leases with them. (Commonwealth of Pennsylvania v. Chesapeake Energy Corp., No. 2015IR0069). The settlement requires Chesapeake to pay landowners a total of $5.3 million in restitution and will allow landowners to change the terms of their existing leases with regard […]
Shale Law Weekly Review – Week of February 22, 2021
GHG Emissions: White House Council Rescinds 2019 Draft Guidance Regarding Greenhouse Gas Emissions ⚡
On February 19, 2021, the White House Council on Environmental Quality (CEQ) published a notice in the Federal Register rescinding 2019 Draft Guidance regarding greenhouse gas (GHG) emissions. The CEQ was established by the National Environmental Policy Act to advise the president on environmental matters. The 2019 Draft Guidance was meant to provide Federal Agencies with standards of how to evaluate GHG emissions for major federal actions. The 2019 guidance provided that federal agencies should consider “foreseeable” impacts of GHG emissions, but should preclude […]
Shale Law Weekly Review – January 15, 2021
Pipelines: Montana Department of Environmental Quality Issues Final Determination on Keystone XL’s 401 Water Quality Certification Application
On December 31, 2020, the Montana Department of Environmental Quality (DEQ) issued its final determination on Keystone XL Pipeline’s application for 401 Water Quality Certification. The final determination announced that DEQ would issue the pipeline the 401 Water Quality Certification with fifteen conditions, including one which allows DEQ to reopen and modify the Certification to ensure the pipeline adheres to relevant water quality standards. DEQ imposed the conditions because it has been unable to answer and meaningfully respond to all of the more than 650 […]
Shale Law Weekly Review – December 22, 2020
Pipelines: Maryland Board of Public Works Approves Wetlands License for Underground Pipeline Construction
On December 2, 2020, the Maryland Board of Public Works unanimously voted to issue a Wetlands License to Eastern Shore Natural Gas Pipeline Company to construct and operate an underground pipeline spanning seven miles beneath South Prong Wicomico River. In considering whether to issue the license, the Board had to determine the extent of the pipeline project’s impact on wetlands. At the meeting, a representative of the Maryland Department of Environment recommended that the Board approve the license with certain conditions relating to drilling fluid pressure limits, […]
Shale Law Weekly Review – August 19, 2020
Production and Operation: Texas Railroad Commission Proposes Amendments to Application for Exception to State Flaring Rule
On August 4, 2020, the Railroad Commission of Texas (RRC) announced they will be accepting public comments on proposed amendments to the application for exception to a state flaring rule. The RRC proposal would amend the Statewide Rule 32 Exception Data Sheet Application for Exception to Statewide Rule 32. According to RRC, the application is filed by operators when requesting authority to flare or vent gas. The amendments will require thorough documentation of flaring circumstances and more information to ensure compliance with RRC regulations. RRC will be accepting public comments […]
