State Regulation
Shale Law Weekly Review—Week of January 15, 2024
State Regulation: Ohio Governor Signs Legislation Limiting EV Regulations and Facilitating Funding for Natural Gas Projects ⚡
On December 28, 2023, the Governor of Ohio signed into law House Bill 201 (the “Bill”) which places limits on regulations of electric vehicles and provides natural gas companies with capabilities to fund future development projects. The Bill expressly prevents municipalities from enacting regulations based on a vehicle’s fuel source. Additionally, the Bill states that the EPA or any state agency is prevented from enacting the vehicle emissions standards recently enacted in California. For natural gas companies, the Bill states that “infrastructure […]
Shale Law Weekly Review—Week of December 25, 2023
State Regulation: Massachusetts Orders Gas Companies to Consider Non-gas Pipeline Alternatives ⚡
On December 6, 2023, the Massachusetts Department of Public Utilities (DPU) issued Order 20-80 which, according to the DPU, will guide local gas distribution companies (LDCs) in the Commonwealth’s efforts to reach net zero GHG emissions by 2050. The Order emphasizes the use of “non-gas pipeline alternatives” such as “electrification, thermal networked systems, targeted energy efficiency and demand response, and behavior change and market transformation” by LCDs. Further, the Order requires LCDs seeking cost recovery for the promotion of natural gas to prove that non-gas pipeline alternatives “were […]
Shale Law Weekly Review—Week of December 11, 2023
Climate Change: New Jersey Adopts Rule Requiring 100% of Light-Duty Vehicle Sales to be Zero-Emission Vehicles by 2035 ⚡
On November 21, 2023, the New Jersey Office of the Governor announced the next stages for Advanced Clean Cars II rule, requiring all “light-duty vehicle” manufacturers to incrementally increase sales of zero-emission vehicles (ZEV) beginning in 2027 to reach 100% of vehicle sales by 2035. The rule was proposed on August 21, 2023 by the NJ Department of Environmental Protection and, according to the announcement, is now scheduled to be confirmed on December 18, 2023. The rule is modeled […]
Shale Law Weekly Review—Week of December 4, 2023
Pipelines: FERC Authorizes Construction of the Southeast Energy Connector Project ⚡
On November 16, 2023, FERC issued an order authorizing the construction and operation of the Southeast Energy Connector Project (SECP). Transcontinental Gas Pipe Line Co. LLC, 185 FERC ¶ 61133, Docket No. CP22-501-000 (2023). The order authorizes the construction and operation of Transcontinental Gas Pipe Line Co. LLC (Transco)’s pipeline and associated compression facilities in Chilton and Coosa Counties, Alabama. Transco is a wholly owned subsidiary of Williams Gas Pipeline Company, LLC. According to the order by FERC, the SECP is designed to supply energy to Mississippi and […]
Shale Law Weekly Review—Week of November 6, 2023
Oil & Gas Leasing: Alaska Challenges DOI’s Cancellation of Leases in Alaska National Wildlife Refuge ⚡
On October 18, 2023, the Alaska Industrial Development and Export Authority (ADIEA), a public corporation owned by the State of Alaska, sued DOI for cancelling its leases in the Alaska National Wildlife Refuge (ANWR). Alaska Indus. Dev. & Export Auth. v. U.S. Dep’t of the Interior, No. 1:23-cv-03126 (D.D.C. Oct. 18, 2023). The leases were initially suspended by the Department of the Interior (DOI) in 2021, and later cancelled on September 16, 2023. ADIEA seeks to overturn the DOI’s decision to cancel […]
Shale Law Weekly Review—Week of September 11, 2023
LNG Infrastructure: The Department of Transportation Suspends LNG Rail Transportation ⚡
On September 1, 2023, the U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) published a rule in the Federal Register suspending a previously published final rule that allowed for the transportation of liquified natural gas (LNG) by rail cars. The PHSMA’s stated purpose is to conduct a review of the Hazardous Materials Regulation’s (HMR) procedures for managing LNG rail transportation to ensure safety and avoid potential risk. This suspension is temporary and will remain in effect until modifications are made to the current […]
Shale Law Weekly Review—Week of July 24, 2023
State Regulation: PA Commonwealth Court Rules that PA DEP Does Not Have Jurisdiction to Review “Inaction” Under the Oil and Gas Act ⚡
On July 10, 2023, the Commonwealth Court of Pennsylvania found that, under Pennsylvania’s Oil and Gas Act, the inaction of the Pennsylvania Department of Environmental Protection (PA DEP) does not count as an “action” which the PA DEP has jurisdiction to review. Glahn v. Dep’t of Envtl. Prot. (Envtl. Hearing Bd.). This case was brought as an appeal from an order of PA DEP’s Environmental Hearing Board (EHB), which had granted PA DEP’s motion to dismiss. In […]
Shale Law Weekly Review—Week of June 19, 2023
State Regulation: PA District Court Finds NGA Does Not Preempt State Administrative Review of Environmental Permits ⚡
On Monday, June 5, 2023, the District Court for the Middle District of Pennsylvania filed a memorandum opinion in the case of Transcon. Gas Pipe Line Co., LLC v. Pa. Env’t Hearing Bd. denying Plaintiff Transcontinental Gas Pipe Line Company, LLC’s (Transco) motion to enjoin an appeal proceeding before the Pennsylvania Environmental Hearing Board (PAEHB). The Federal Energy Regulatory Commission (FERC) had issued a Certificate Order for Transco’s construction and operation of a pipeline expansion project, provided Transco obtained certain federal authorizations. One […]
Shale Law Weekly Review—Week of May 29, 2023
State Regulation: Pennsylvania Public Utility Commission Proposes Amendments to Low-Income Usage Reduction Program Regulations ⚡
On Thursday, May 18, 2023, the Pennsylvania Public Utility Commission (PUC) adopted a Notice of Proposed Rulemaking proposing amendments to the Low-Income Usage Reduction Program (LIURP) regulations. LIURP regulations apply to natural gas distribution companies and electric distribution companies that are “covered” as per 52 Pa. Code § 58.2 and require them to provide energy conservation services to low-income households in the state. The LIURP regulations were first passed in 1988 and last amended in 1998. In 2016, the PUC published a Secretarial Letter […]
Shale Law Weekly Review—Week of April 3, 2023
Oil and Gas Leasing: Federal Pause on Oil and Gas Leases on North Dakota’s Public Lands and Waters Overruled ⚡
On Monday, March 27, 2023, the District Court of North Dakota decided in favor of a motion for preliminary injunction filed by the State of North Dakota in an ongoing lawsuit against the Department of Interior (DOI). State of North Dakota v. United States Department of Interior et al, No. 1:21-cv-00148. The underlying complaint was filed after the DOI and the Bureau of Land Management (BLM), in accordance with Executive Order Number 14008, paused all but one quarterly lease […]
