State Regulation
Shale Law Weekly Review—Week of February 27, 2023
National Energy Policy: DOE, IRS, and Treasury Department Release New Guidance on Qualifying Advanced Energy Project Credit Program ⚡
On February 13, 2023, the U.S. Treasury Department, the U.S. Department of Energy (DOE), and the Internal Revenue Service (IRS) released new guidance on the expanded Qualifying Advanced Energy Project Credit program under Section 48C of the Internal Revenue Code. The program will allocate $10 billion in credits that will be awarded for certain advanced energy projects. The purpose of the credits is to create jobs in the clean energy technology sector, reduce industrial greenhouse gas (GHG) emissions, and protect the […]
Shale Law Weekly Review—Week of February 20, 2023
State Regulation: RRC Updates Requirements for New Disposal Well Permits in the Permian Basin ⚡
On February 7, 2023, the Railroad Commission of Texas (RRC) published updated requirements for new disposal wells permits issued in the Permian Basin. According to the update, new disposal wells must be equipped with gauges for “bottomhole pressure monitoring” in order to be permitted. This applies to both deep and shallow disposal wells in the Permian Basin. The data collected daily from these gauges must be reported on a monthly basis to the RRC, including injection pressure, volume, and rate. This information will be made […]
Shale Law Weekly Review—Week of February 13, 2023
GHG Emissions: DOE Announces $131 Million in Funding for R&D of Wide-scale CO2 Reduction Projects ⚡
On January 30, 2023, the Department of Energy (DOE) announced that $131 million will be invested to help in the research and development of 33 projects aimed at reducing carbon dioxide (CO2) pollution. The projects will reduce CO2 pollution through “carbon management technologies,” which will aid in the capture of these pollutants when they are generated through the activities of power plants and industrial facilities. The technology will also be used to capture CO2 from the atmosphere so that it can be stored at […]
Shale Law Weekly Review—Week of January 9, 2023
State Regulation: DEP Report Finds Pattern of Non-Compliance Among PA Oil and Gas Well Operators ⚡
On December 29, 2022, the Pennsylvania Department of Environmental Protection (DEP) released a report on the status of compliance with DEP regulations among oil and gas well operators, as a result of a request made by Governor Tom Wolf. The report, prepared by DEP’s Office of Oil and Gas Management, examined abandonment of wells and failures to report on waste production and mechanical integrity. The report found “significant non-compliance” over the past five years, going so far as to say failure to report was […]
Shale Law Weekly Review—Week of December 12, 2022
Hydraulic Fracturing: Delaware River Basin Commission Votes to Ban Wastewater Discharge from Hydraulic Fracturing ⚡
On December 7, 2022, the Delaware River Basin Commission announced it had voted 4-0, with the federal government abstaining, to ban the discharge of wastewater into the Delaware River Basin from hydraulic fracturing. The rule also “discourages, limits, and places conditions on” the importation of water into the Basin. The rule will go into effect 30 days after publication in the Federal Register.
GHG Emissions: DOE Announces Proposed Rule to Decarbonize Federal Buildings
On December 7, 2022, the U.S. Department of Energy announced it had […]
Shale Law Weekly Review—Week of December 5, 2022
Methane Emissions: DOI and BLM Announce Proposed Rule to Limit Methane Emissions on Public Lands ⚡
On November 28, 2022, the U.S. Department of the Interior announced a proposed rule which would place limits on gas flaring on public lands, require technology upgrades where economically feasible, and require leak detection and waste minimization plans by operators. The proposed rule would also compensate the federal government or Indian mineral owners when gas is used for excessive flaring.
GHG Emissions: PA Approves Emergency Rule Limiting VOC Emissions
On November 28, 2022, the Pennsylvania Environmental Quality Board announced that it had adopted an […]
Shale Law Weekly Review—Week of November 21, 2022
Municipal Regulation: Hydrogen and Carbon Capture Developer Sues Louisiana County Over Moratorium on Seismic Surveying and Well Construction ⚡
On November 18, 2022, Air Products Blue Energy filed a lawsuit against Livingston Parish’s government and Council, which had passed an ordinance prohibiting seismic surveying, construction, and drilling of carbon storage wells for one year. The complaint claims the ordinance is invalid under Louisiana state law and seeks injunctive and declaratory relief against the ordinance.
Methane Emissions: EPA Proposes New Emissions Reductions Standards for Oil and Natural Gas
On November 11, 2022, the Environmental Protection Agency announced it had issued a
Shale Law Weekly Review—Week of November 14, 2022
State Regulation: PA Governor Signs Bill Granting Tax Subsidies for Natural Gas and Hydrogen Usage in Agriculture ⚡
On November 3, 2022, Pennsylvania Governor Wolf signed HB 1059, which grants a tax credit of $0.47 per unit of dry natural gas purchased and used in production of petrochemicals or fertilizer. The law includes a similar tax credit for the purchase and use of hydrogen in the same manner. The law increases the maximum tax credit for usages of natural gas to $56 million annually. In a letter, the governor explained that the purpose of the natural gas credit is […]
Shale Law Weekly Review—Week of November 7, 2022
National Energy Policy: EPA Announces $43 Million Toward Energy Resilience and Local Generation Projects ⚡
On November 2, 2022, the U.S. Environmental Protection Agency announced a total of $43 million across 23 projects in 21 states and territories, all focused on energy resilience or research of local energy generation. In the RACER program, 20 projects focus on preventing disruptions in power by building clean energy. The other three projects under the Energyshed funding program focus on assisting communities in evaluating locally generated energy.
GHG Emissions: EU Reaches Agreement Requiring New Cars Sold to be Zero-Emissions by 2035
On October 27, 2022, the […]
Shale Law Weekly Review – Week of October 18, 2021
Pipelines: The United States and State of Illinois Sue Pipeline Owner and Operator for Damages Caused by Oil Pollution ⚡
On October 13, 2021, the United States and the state of Illinois filed a complaint before the U.S. District Court for the Northern District of Illinois. The plaintiffs ask for damages from both the owner, West Shore Pipe Line Co., and the operator, Buckeye Pipe Line Co. L.P., of Line 257, a 3.5-mile pipeline designed to transport crude oil in Illinois. Plaintiffs alleged that they suffered an “injury to, destruction of, loss of, or loss of use of, natural resources, […]
