public lands
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 – 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 […]
Shale Law Weekly Review – August 7, 2020
National Energy Policy: EPA Issues Final Rule Revising Permit Appeal Process
On July 22, 2020, the U.S. Environmental Protection Agency (EPA) issued a final rule that revises the agency’s permit appeal process. (40 CFR Parts 1, 49, 71, and 124). The final rule affects permits issued by the EPA under the Clean Air Act, Clean Water Act, Safe Drinking Water Act, and the Resources Conservation and Recovery Act. (rule summary). The final rule amends the Environmental Appeals Board’s (EAB) scope for review of decisions limiting review to “findings of fact and conclusions of law that are clearly erroneous.” The rule also establishes time […]
Shale Law Weekly Review – July 28, 2020
Public Lands: Federal Court Vacates BLM Rule Revising Natural Gas Venting and Flaring Requirements
On July 15, 2020, the U.S. District Court for the Northern District of California vacated a Bureau of Land Management (BLM) rule that revised natural gas waste prevention requirements. (State of California v. Bernhardt, No. 4:18-cv-05712-YGR). In 2016, BLM promulgated a rule (2016 rule) to “reduce waste of natural gas from venting, flaring, and leaks” on land with Federal and Indian leases. In 2018, BLM issued a new rule (2018 rule) that revised and rescinded some of the regulations in the 2016 rule. The District Court concluded […]
Shale Law Weekly Review – June 29, 2020
Pipelines: FERC Approves Mountain Valley Pipeline Extension Project
On June 18, 2020, the Federal Energy Regulatory Commission (FERC) issued an Order granting authorization for a Mountain Valley Pipeline, LLC extension project. The project proposes to add 75.1 miles of natural gas pipeline to the 303.5-mile planned pipeline. The project consists of pipeline, a new compressor station, and four interconnects with meter stations, all located within Virginia and North Carolina. FERC issued the order after concluding that environmental impacts listed in the project’s Final Environmental Impact Statement were acceptable considering the public benefits of the project. FERC’s order consists of a certificate of public convenience and […]
Shale Law Weekly Review – June 23, 2020
Public Lands: Secretary of Agriculture Directs Forest Service to Expedite Environmental Reviews
On June 12, 2020, U.S. Secretary of Agriculture, Sonny Perdue, issued a Memorandum directing the Forest Service to expedite environmental reviews on lands in the National Forest System. The purpose of the Memo, as stated by Perdue, is to provide relief from regulations that are overburdensome, improve customer service, and increase the productivity of the National Forests. More specifically, the Memo directed the Forest Service to set time and page limits to environmental-related documents, streamline environmental review analyses and consultation processes, and expedite compliance with State Historic Preservation […]
Shale Law Weekly Review – June 5, 2020
LNG Exports: FERC Approves Alaska LNG Project
On May 21, 2020, the Federal Energy Regulatory Commission (FERC) approved a project for the construction and operation of liquified natural gas (LNG) export facilities. The Alaska Gasline Development Corporation (AGDC) applied for FERC approval of the LNG project under section 3 of the Natural Gas Act. FERC approved the project after agreeing with the conclusions in the Final Environmental Impact Statement that was prepared to meet the requirements of the National Environmental Policy Act. The FERC order included an Appendix of 165 environmental conditions that AGDC must follow in their construction and operation […]
Shale Law Weekly Review – May 26, 2020
Water Quality/ Pipelines: New York Denies Water Quality Permit for NESE Pipeline Project
On May 15, 2020, the New York State Department of Environmental Conservation (Department) denied a Water Quality Certification application for the Northeast Supply Enhancement Project (Project) proposed by the Transcontinental Gas Pipe Line Company (Transco). Transco was granted a certificate for the Project by the Federal Energy Regulatory Commission on May 3, 2019, subject to the approval of a state-issued Water Quality Certificate. On May 17, 2019, Transco submitted its Water Quality application to the Department and the application received over 16,000 comments from the public. The Department denied […]
