public lands
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 August 23, 2021
Climate Change: The U.S. Department of Treasury Announces Guidance on MDB Funding of Fossil Fuels and Clean Energy Projects
On August 16, 2021, the U.S. Department of the Treasury released a guidance document to assist Multilateral Development Banks (MDBs) in funding and promoting the development of innovative sustainable projects rather than fossil fuel-based energy projects. In that regard, the U.S. Department of Treasury stated that it will “oppose” direct investment projects for new coal-based, oil-based energy, and upstream natural gas projects, among other things. The guidance document is titled Guidance on Fossil Fuel Energy at the Multilateral Development Banks […]
Shale Law Weekly Review – Week of June 28, 2021
Biofuels: U.S. Supreme Court Allows Non-Continuous Small Refinery Renewable Fuels Standard Blending Obligation Waiver Extensions ⚡
On June 25, 2021, the Supreme Court of the United States issued an opinion holding that a small refinery that previously received a waiver from Renewable Fuel Standard (RFS) blending obligations may still receive an “extension” of the waiver even if it did not acquire a continuous waiver in previous years and allowed a previous exemption to lapse. HollyFrontier Cheyenne Refining, LLC, et al., v. Renewable Fuels Association, et al., No. 20-472. The court found that the term “extension,” which is undefined in […]
Shale Law Weekly Review – Week of April 5, 2021
GHG Emissions: New Mexico Commission Implements New Venting and Flaring Requirements ⚡
On March 25, 2021, the New Mexico Oil Conservation Commission approved a rule regulating venting and flaring in order to reduce natural gas waste. The proposed final rule includes regulations for venting and flaring during drilling, completion, and production operations. The rule requires operators to reduce the annual volume of natural gas that is vented or flared in order to capture at least ninety-eight percent of the natural gas produced. The reduction in volume must be obtained by December 31, 2026. The rule also includes performance, measurement, […]
Shale Law Weekly Review – Week of March 22, 2021
Pipelines: Court of Appeals Vacates Denial of Clean Water Act Certification for Mountain Valley Pipeline’s Southgate Project ⚡
On March 11, 2021, the U.S. Court of Appeals for the Fourth Circuit vacated North Carolina’s denial of Section 401 Clean Water Act Certification for Mountain Valley Pipeline’s (MVP) Southgate Project. (Mountain Valley Pipeline, LLC v. North Carolina Dep’t of Envtl. Quality, No. 20-1971). North Carolina’s Department of Environmental Quality (DEQ) denied MVP certification due to the uncertainty of MVP’s main pipeline project status. In its decision, DEQ cited the suspended and pending federal permits that MVP needs in order to complete […]
Shale Law Weekly Review – Week of March 1, 2021
Pipelines: Court of Appeals Denies Emergency Stay of Mountain Valley Pipeline Construction ⚡
On February 19, 2021, the U.S. Court of Appeals for the District of Columbia Circuit denied an Emergency Motion for Stay Pending Appeal regarding Mountain Valley Pipeline construction in Appalachian Voices v. FERC, Docket nos. 20-1512 and 21-1040. Several environmental groups filed an Emergency Motion for Stay after the Federal Energy Regulatory Commission (FERC) issued orders allowing the pipeline project to continue construction. The Motion requested that that the court stay new pipeline construction to prevent environmental damage along the proposed pipeline route. The court denied […]
Shale Law Weekly Review – Week of February 1, 2021
Pipelines: Court of Appeals Affirms Lower Court’s Decision to Vacate Easement for Dakota Access Pipeline
On January 26, 2021, the U.S. Court of Appeals for the District of Columbia Circuit affirmed a lower court ruling vacating the subsurface easement used by Dakota Access Pipeline (DAPL) to traverse beneath Lake Oahe. (Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, No. 20-1597). Previously, on July 6, 2020, the U.S. District Court for the District of Columbia vacated the DAPL easement and ordered that the Dakota Access Pipeline be emptied and shut down within 30 days. (District Court Case No. […]
Shale Law Weekly Review – January 9, 2021
Pipelines: Ohio Legislature Advances Bill Imposing Criminal Penalties for Tampering with Pipeline Infrastructure
On December 17, 2020, the Ohio House of Representatives passed Senate Bill 33 which contains measures modifying the criminal penalties that may be imposed on people who damage critical infrastructure. The infrastructure to which this measure applies includes pipelines, petroleum refiners, gas processing plants, and freight facilities. The bill provides property owners with the ability to bring a civil action and be awarded damages and attorney fees against individuals who damage infrastructure. The bill also imposes criminal penalties for destroying or tampering with infrastructure by legislating that […]
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 – 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 […]
