public health
Shale Law Weekly Review—Week of June 12, 2023
Municipal Regulation: Berkeley Petitions for Rehearing of Ninth Circuit’s Decision Striking Down Natural Gas Piping Prohibition ⚡
On May 31, 2023, the City of Berkeley, California, filed a petition requesting a rehearing en banc after an April 17th opinion in which the Ninth Circuit Court of Appeals found that a city may not ban the installation of natural gas equipment in new buildings. Berkeley had implemented an ordinance banning natural gas infrastructure in newly constructed buildings claiming that the ordinance would reduce environmental and health hazards associated with natural gas consumption. The California Restaurant Association (CRA) sued, arguing that […]
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Public Health: DOI Publishes Draft Guidance for $500 Million Grant to States for Orphaned Well Cleanup ⚡
On January 30, 2023, the U.S. Department of the Interior (DOI) released draft guidance on the $500 million grant that is being provided to states under the Bipartisan Infrastructure Law for the purpose of orphaned well cleanup.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 – October 26, 2020
Pipelines: Dakota Access Permitted to Increase Pipeline Capacity
On October 14, 2020, the Illinois Commerce Commission issued an order allowing the Dakota Access Pipeline to install more pumping stations along the pipeline at various locations in Illinois. The Commission found that the additional pump stations will help to nearly double the pipeline’s capacity to transport crude oil from 570,000 barrels per day to up to 1.1 million barrels per day. The additional pump stations will be located in Hancock County, Massac County, and near Patoka, Illinois. Dakota Access Pipeline alleged the need to increase capacity of the pipeline in order to meet growing […]
Shale Law Weekly Review – September 18, 2020
Pipelines / Wildlife Habitat: U.S. Fish and Wildlife Service Issues New Report for Mountain Valley Pipeline Project
On September 4, 2020, the U.S. Fish and Wildlife Service issued a Biological Opinion and Incidental Take Statement considering the Mountain Valley Pipeline project’s impact on endangered and threatened species and their habitats. This report, which replaces the report the Service issued in 2017, examined impacts the construction of the pipeline would have on five species: the Indiana bat and Northern long eared bat; two species of fish, the Roanoke logperch and candy darter; and a shrub, the Virginia spiraea. The Service determined […]
Shale Law Weekly Review – July 13, 2020
Pipelines: Supreme Court Issues Order Regarding Nationwide Permit 12 Pipeline Approvals
On July 6, 2020, the U.S. Supreme Court issued an Order regarding the Army Corps of Engineers Nationwide Permit 12 (NWP 12) pipeline approvals. (U.S. Army Corps of Engineers v. Northern. Plains Res. Council, No. 19A1053). The Supreme Court’s order stays a May 2020 district court order that had put a hold on NWP 12 approvals for new pipeline construction. Although the Supreme Court stayed the injunction on NWP 12 approvals in general, it did not lift the injunction that the May 2020 order placed specifically on the Keystone XL pipeline NWP […]
