State Regulation
Shale Law Weekly Review – Week of September 27, 2021
Pipelines: PennEast Pipeline Co. LLC Withdraws Eminent Domain Claims and Halts Pipeline Project ⚡
In a notice sent to the Third Circuit Court of Appeals on September 20, 2021, PennEast Pipeline Co. LLC, in agreement with New Jersey Attorney General’s Office, decided to withdraw all eminent-domain claims on 42 parcels of state-owned land. In re: PennEast Pipeline Co LLC, No. 19-1191. This agreement puts an end to the PennEast Pipeline Project despite a recent U.S. Supreme Court’s decision allowing PennEast Pipeline Co. LLC to condemn state-owned properties in New Jersey. SLWR – July 5, 2021, “National Policy: Supreme […]
Shale Law Weekly Review – Week of September 20, 2021
State Regulation: Los Angeles County Board of Supervisors Unanimously Votes to Phase Out Oil and Gas Development ⚡
On September 15, 2021, the County of Los Angeles Board of Supervisors unanimously voted on a motion to prohibit new oil and gas development within the county. In that regard, the Board requested the Los Angeles County Department of Regional Planning (DRP) to modify the pending Draft Oil Well Ordinance for unincorporated Los Angeles County to reflect that ban. Additionally, the Board also agreed to initiate a process to phase out existing oil and gas drilling in the unincorporated areas of the […]
Shale Law Weekly Review – Week of July 19, 2021
State Regulation: Florida Law Prohibits Local Governments from Restricting Fossil Fuels ⚡
On July 1, 2021, Florida’s new law banning the restriction of fuel sources became effective in the state. The law, “Preemption Over Utility Service Restrictions,” prohibits local governments and municipalities from passing ordinances, rules, or any other restrictions on fuel sources. The law states that there can be no restrictions for delivery or use of fuel supplied by natural gas companies, liquefied petroleum gas dealers, and others. The bill was signed by the Governor on June 21, 2021.
Hydraulic Fracturing Bans: Pennsylvania Senators will Appeal Case Against DRBC’s […]
Shale Law Weekly Review – Week of July 12, 2021
Infrastructure: California Court Dismisses Lawsuit Against California Natural Gas Infrastructure Ban ⚡
On July 6, 2021, the U.S. District Court for the Northern District of California issued an order dismissing a lawsuit brought by the California Restaurant Association against the city of Berkeley for the city’s recent natural gas infrastructure ban. California Restaurant Association v. City of Berkeley, No. 4:19-cv-07668. The ban, “Prohibition of Natural Gas Infrastructure in New Buildings,” (No. 7,672–N.S. Chapter 12.80) prohibits natural gas infrastructure in new buildings within the city. The ban was passed on July 16, 2019, by the Council of the City […]
Shale Law Weekly Review – Week of June 21, 2021
Economic Development: Maine Passes Law Requiring State Divestment of Fossil Fuel Securities ⚡
On June 16, 2021, the Governor of Maine signed into law L.D. 99 (H.P. 65), titled “An Act to Require the State to Divest Itself of Assets Invested in the Fossil Fuel Industry.” The act prohibits the Treasurer of State (Treasurer) from investing in the stocks, bonds, commercial paper, or securities of any fossil fuel company and requires the Treasurer to review the holdings of the Maine Public Employees Retirement System and completely divest any fossil fuel-related holdings by January 1, 2026. The law requires the […]
Shale Law Weekly Review – December 11, 2020
State Regulation: Pennsylvania Governor Vetoes Amendment to Conventional Oil and Gas Act
On November 25, 2020, Pennsylvania Governor Tom Wolf vetoed a bill that would have amended the Conventional Oil and Gas Act. The purpose of the changes in SB 790 was to alleviate challenges faced by conventional oil drillers stemming from Act 13 regulations imposed on them after the Pennsylvania Marcellus shale boom in 2012. Among other revisions, the bill would have decreased reporting requirements for spills and would have permitted wastewater to be used on roads to reduce dust. In the veto, the governor stated that he would not sign […]
Shale Law Weekly Review – September 30, 2020
State Regulation: North Dakota’s Industrial Commission Amends Gas Capture Guidance Policy
On September 22, 2020, the Industrial Commission of North Dakota approved revisions made to the Gas Capture Guidance Policy which regulates gas capture in the Bakken region’s oil fields. The Gas Capture Guidance policy states two goals: reducing the amount of flared gas while increasing the amount of captured gas and creating incentives for investments to be made towards infrastructure which captures gas. Through the policy, the Commission set a goal of increasing gas capture from 88% to 91% by November 1st of this year. The revisions also amend the […]
Agricultural Law Weekly Review – October 3, 2019
On September 26, 2019, the Supreme Court of Pennsylvania reversed the Commonwealth Court’s order, holding that local governments cannot impose stricter nutrient management requirements on small farms than those already imposed upon large agricultural operations under the state Nutrient Management Act (NMA) (Russell Berner, et al., v. Montour Township, et al., No. 39 MAP 2018). The question of whether and to what extent the NMA preempts local regulation of agricultural operations that are not “concentrated agricultural operations” (CAOs) became the central issue of this […]
Update on State Critical Infrastructure Protection Statutes: North Dakota, Oklahoma, and South Dakota
Written by Chloe Marie – Research Specialist
Since 2017, a number of states have taken legislative action to protect elements of their infrastructure, including oil and gas pipelines, from damage or disruption. In our last Shale Law in the Spotlight article, we addressed legal developments over the last two years in the states of Indiana, Iowa, and Louisiana. This article will address legal developments in the states of North Dakota, Oklahoma, and South Dakota.
North Dakota
During the ongoing protests against construction of the Dakota Access Pipeline, North Dakota Governor Doug Burgum signed into law two […]
Update on State Critical Infrastructure Protection Statutes: Indiana, Iowa, and Louisiana
Written by Chloe Marie – Research Specialist
Since 2017, a number of states have taken legislative action to protect elements of their infrastructure, including oil and gas pipelines, from damage or disruption. While some have argued that the various legislative enactments are designed to reduce pipeline protests, legislators do not always explicitly mention ongoing protest as a motivation behind the legislation.
This article will comprehensively address critical infrastructure protection statutes that have been enacted in the states of Indiana, Iowa and Louisiana. A following article will address similar statutes in the state of North Dakota, Oklahoma and […]
