Shale Law Weekly Review
Shale Law Weekly Review – January 3, 2020
GHG Emissions: Board Approves Pennsylvania Regulations on Volatile Organic Compound Emissions from Oil and Gas Infrastructure
On December 17, 2019, the Pennsylvania Environmental Quality Board approved proposed regulations affecting oil and natural gas infrastructure in order to reduce volatile organic compound emissions. (25 Pa. Code Chapters 121 and 129). The regulations, Control of VOC Emissions from Oil and Natural Gas Sources, were proposed as part of Pennsylvania’s plan to meet climate change goals. Affected infrastructure under the proposal would include pneumatic controllers, diaphragm pumps, compressors, and storage vessels but would exclude storage infrastructure used in distribution. Oil and gas […]
Shale Law Weekly Review – December 16, 2019
Public Lands: BLM Issues Decision on Environmental Impact Statement for Bakersfield
On December 13, 2019, the U.S. Bureau of Land Management (BLM) issued the final decision on the Hydraulic Fracturing Supplemental Environmental Impact Statement (EIS) for the Bakersfield Field Office planning area in California. The supplemental EIS states that the analysis showed no notable increase for hydraulic fracturing impacts. In addition, the EIS found that estimated impacts and the program goals were consistent. According to BLM, the EIS was prepared in response to a May 2017 court order. As part of the settlement negotiations, BLM agreed to cease oil and gas […]
Shale Law Weekly Review – December 9, 2019
LNG Exports: FERC Approved Four LNG Projects in Texas
On November 21, 2019, the Federal Energy Regulatory Commission (FERC) approved construction of four liquefied natural gas (LNG) projects and their associated facilities in Texas. These projects include the Texas LNG Brownsville Project, a project involving the construction and operation of new LNG export facilities along the Brownsville Ship Channel in Cameron County, with an export capacity of approximately 4 million metric tonnes per annum (MMtpa). Two of the new LNG facilities will be the Rio Grande Terminal Project and the Annova LNG Brownsville Project, both located in the Port of Brownsville. These […]
Shale Law Weekly Review – December 2, 2019
Public Lands: BLM Publishes Draft Environmental Impact Statement for National Petroleum Reserve in Alaska
On November 25, 2019, the Bureau of Land Management (BLM) published notice of availability of a draft environmental impact statement (EIS) for the National Petroleum Reserve (NPR-A) in Alaska. The NPR-A is located on Alaska’s North Slope region and includes 23 million acres. The draft EIS includes four management options with analysis on oil and gas exploration, development, and transportation. One option would include maintaining the current oil and gas leasing acreage of 11.8 million acres. Another option would decrease the amount of land leasing availability to 11.4 […]
Shale Law Weekly Review – November 25, 2019
Municipal Regulation: Town of Brookline, Massachusetts Prohibits New Fossil Fuel Infrastructure for Building Construction
On November 21, 2019, the Town of Brookline, Massachusetts, adopted Article 21 amending the Town General By-Laws and prohibiting the use of fossil fuel infrastructure meant for major renovation or new building projects. It is specified in Article 21 that such prohibition applies only to renovation in which more than 50% of the surface of the building undergoes renovation. Article 21 provides for some exceptions, including fuel for backup generators and portable propane. According to the explanation published on the town’s website, this ban aims to protect […]
Shale Law Weekly Review – November 19, 2019
State Regulation: Pennsylvania Governor Signs Bill Allowing Horizontal Cross Unit Drilling
On November 7, 2019, Pennsylvania Governor Tom Wolf signed a new law which amends the Oil and Gas Lease Act and authorizes operators to drill horizontally across multiple units. This law would apply only where the operator has a lease with the landowner of each tract, and the operator is required to allocate production among the various landowners. The new law does not allow drilling where the lease terms specifically prohibit cross unit drilling. This law will be codified as section 2.2 of the Oil and Gas Lease Act. Previously, in […]
Shale Law Weekly Review – November 11, 2019
National Energy Policy: United States Initiates Withdrawal Process from the Paris Agreement
On November 2, 2019, U.S. Secretary of State Mike Pompeo issued a statement that the Department of State formally notified the United Nations that the United States will withdraw from the Paris Agreement. According to Secretary Pompeo, the United States will be officially out of the agreement within one year after the delivery of the notification. U.S. President Donald Trump first indicated his intention to withdraw from the agreement on June 1, 2017, arguing that the agreement puts the country at a competitive disadvantage in the global marketplace. […]
Shale Law Weekly Review – November 4, 2019
Production and Operation: Pennsylvania Legislature Passes Bill Allowing Horizontal Cross-Tract Drilling
On October 30, 2019, the Pennsylvania legislature passed Senate Bill No. 694, which would amend the Oil and Gas Lease Act and authorize operators to drill horizontal wellbores across multiple leased tracts. This law would apply only where the operator has a lease with the landowner of each tract, and the operator is required to allocate production among the various landowners. SB 694 has been presented to Governor Tom Wolf but has not yet been signed. If signed, SB 694 would become effective sixty days from enactment.
Pipelines: Landowners […]
Shale Law Weekly Review – October 28, 2019
Pipelines: FERC Orders Immediate Suspension of All Construction Activities Relating to the Mountain Valley Pipeline
On October 15, 2019, the Federal Energy Regulatory Commission (FERC) issued a cease work order for certain activities relating to the construction of the Mountain Valley Pipeline following a stay of the 2017 U.S. Fish and Wildlife Service (FWS) Biological Opinion and Incidental Take Statement by the U.S. Court of Appeals for the Fourth Circuit (Wild Virginia, Inc. v. U.S. Dept. of the Interior, No. 19-1866). The court issued the stay on October 11, 2019, to allow FWS and FERC to have a re-consultation to […]
Shale Law Weekly Review – October 21, 2019
Pipelines: U.S. Court of Appeals Issues Stay in Case Relating to the Mountain Valley Pipeline
On October 11, 2019, the U.S. Court of Appeals for the Fourth Circuit stayed the U.S. Fish and Wildlife Service (FWS) Biological Opinion (BiOp) and Incidental Take Statement (ITS) issued in November 2017 for the proposed Mountain Valley Pipeline project, pending the outcome of the case before the court (Wild Virginia, Inc. v. U.S. Dept. of the Interior, No. 19-1866). On August 21, 2019, a group of environmental organizations petitioned the U.S. Court of Appeals, seeking judicial review of these two FWS documents. The petitioners […]
