Shale Law Weekly Review
Shale Law Weekly Review – October 14, 2019
Pipelines: U.S. Supreme Court Agrees to Hear Appeal in Atlantic Coast Pipeline Case
On October 4, 2019, the Supreme Court of the United States granted a writ of certiorari agreeing to hear an appeal of the U.S. Court of Appeals for the 4th Circuit’s decision in a case related to the construction of the Atlantic Coast Pipeline (Cowpasture River Preservation Association v. Forest Service, No. 18-1587). In this case, the Cowpasture River Preservation Association (CRPA) asked the Court of Appeals to revoke a Special Use Permit issued by the U.S. Forest Service in January 2018. The permit allows Atlantic Coast Pipeline, […]
Shale Law Weekly Review – October 7, 2019
GHG Emissions: Pennsylvania Joins Regional Greenhouse Gas Initiative
On October 3, 2019, Governor Tom Wolf signed Executive Order Commonwealth Leadership in Addressing Climate Change through Electric Sector Emissions Reductions. The order directs the Pennsylvania Department of Environmental Protection (DEP) to join the Regional Greenhouse Gas Initiative (RGGI) and create a similar carbon dioxide budget. RGGI reduces greenhouse gas emissions with a cap-and-trade program for electric power plants. Each of the 9 states in the initiative sets a cap on total allowable emissions, and power plants in these states must purchase credits […]
Shale Law Weekly Review – September 30, 2019
Pipelines: PHMSA Issues Three Final Rules Reinforcing Pipeline Safety Standards
On September 24, 2019, U.S. Secretary of Transportation Elaine L. Chao announced in a press release that the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued three major final rules relating to federal pipeline safety. The three final rules include the gas transmission rule, the hazardous liquid rule, and the “Enhanced Emergency Order Procedures” rule. The gas transmission rule requires operators to confirm the Maximum Allowable Operating Pressure of older pipelines. In addition, this rule requires additional reporting and record retention standards. The […]
Shale Law Weekly Review – September 23, 2019
Pipelines: Commonwealth Court Finds Senator Lacks Standing to File Complaint Against Sunoco Pipeline
On September 9, 2019, the Commonwealth Court of Pennsylvania ruled that Pennsylvania State Senator, Andrew E. Dinniman, lacked standing to file a Complaint against Sunoco Pipeline L.P. (Sunoco). Senator Dinniman initially filed a complaint with the Public Utility Commission (PUC) seeking to enjoin or halt operation of the Mariner East 1 (ME1) pipeline and construction of the Mariner East 2 (ME2) and 2X (ME2X) pipelines. The Complaint alleged that construction of ME2 and MEX caused sinkholes to develop, which exposed ME1 and affected West Whiteland […]
Shale Law Weekly Review – September 17, 2019
Pipelines: Circuit Court Rules PennEast Pipeline Cannot Move Forward on Condemnation Lawsuit Against New Jersey
On September 10, 2019, the U.S. Court of Appeals for the Third Circuit ruled PennEast Pipeline Company (PennEast) was barred by the Eleventh Amendment from bringing a suit against New Jersey to obtain property under eminent domain (In re: PennEast Pipeline Company, LLC, No. 19-1191). PennEast was granted approval for their pipeline project which required access to several properties owned by the state of New Jersey. PennEast filed suit under § 717f(h) of the Natural Gas Act (NGA), which allows the “necessary right-of-way” […]
Shale Law Weekly Review – September 9, 2019
Municipal Regulation: Adams County, Colorado Approves Changes to Oil and Gas Regulations
On September 3, 2019, the Adams County Board of Commissioners voted to approve changes to the county’s oil and gas regulations. The new regulations were approved following the implementation of Colorado’s Senate Bill 19-181, which expanded the power of local governments to implement oil and gas regulations that address impacts to public health and the environment. The new regulations include safety requirements, operational standards, and information on obtaining permits for new oil and gas facilities. Board Chair Steve O’Dorisio said in a statement, “[O]ur staff has […]
Shale Law Weekly Review – September 3, 2019
Pipelines: Nebraska Supreme Court Rules Keystone XL Pipeline Route is in the Public Interest
On August 23, 2019, the Nebraska Supreme Court affirmed the Nebraska Public Service Commission’s (NPSC) determination that the Keystone XL pipeline’s alternative route is in the public interest (In re Application No. OP-0003, No. S-17-1331). Landowners and environmental groups intervened, bringing this appeal after NPSC approved the “mainline alternative route” (MAR) for TransCanada’s Keystone XL pipeline. Addressing the issues raised by the appellants, the court found that NPSC had jurisdiction to consider TransCanada’s application; that TransCanada “met its burden of proof;” that NPSC “properly […]
Shale Law Weekly Review – August 26, 2019
Pipelines: Court of Appeals Rejects Challenge to Water Discharge Permit for Atlantic Sunrise Pipeline
On August 15, 2019, the U.S. Court of Appeals for the Third Circuit denied a petition to review Pennsylvania’s Department of Environmental Protection’s approval of a hydrostatic testing permit for the Atlantic Sunrise pipeline (Delaware Riverkeeper Network v. Sec’y Pennsylvania Dep’t of Envtl. Prot., No. 17-3299). As described by the court, hydrostatic testing is a “process by which water is pumped into pipes to check them for strength or leaks.” A hydrostatic testing permit was granted to Transcontinental Gas Pipe Line Company, operator of […]
Shale Law Weekly Review – August 19, 2019
GHG Emissions: States, Environmental Groups File Lawsuit Challenging EPA’s Affordable Clean Energy Rule
On August 13, 2019, several states filed a Petition for Review with the U.S. Court of Appeals for the District of Columbia Circuit regarding the Environmental Protection Agency’s Affordable Clean Energy Rule (State of New York v. EPA, No. 19-1165). Several environmental groups filed a similar Petition the next day on August 14th (Appalachian Mountain Club v. EPA, No. 19-1166). The Affordable Clean Energy Rule, officially titled, Repeal of the Clean Power Plan; Emission Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units; Revisions […]
Shale Law Weekly Review – August 12, 2019
Pipelines: Virginia Department of Environmental Quality Issues Stop Work Instruction for Mountain Valley Pipeline
On August 2, 2019, the Virginia Department of Environmental Quality (DEQ) issued a stop work instruction for a section of the Mountain Valley Pipeline. According to the instruction, an inspection conducted by DEQ on August 1, 2019, found an “imminent and substantial adverse impact to water quality” due to construction of the pipeline in Montgomery County, Virginia. DEQ asserts that the pipeline failed to control erosion and sediment in the area of construction. The instruction named corrective measures to be taken including the installation of […]
