State Regulation
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 […]
North Dakota Governor Burgum Signs Critical Infrastructure Protection Legislation
Written by Chloe Marie – Research Specialist
During the summer of 2017, North Dakota experienced heightened tensions amid extensive protest activity throughout the state directed against the construction and operation of the Dakota Access Pipeline. This protest activity resulted in arrests, claims of physical violence, property damage, and a significant disruption to the economic activity associated with pipeline construction. By February 2017, the North Dakota government already had spent a sum of at least $33.7 million in protest-related costs. In order to reduce the likelihood of similar impacts in the future, Governor Doug Burgum signed into law Senate […]
South Dakota Governor Signs Pipeline Protest Legislative Package into Law
Written by Chloe Marie – Research Specialist
On March 29, 2019, South Dakota Governor Kristi Noem signed into law two companion bills designed to address separate issues related to pipeline protests. Senate Bill 189 imposes civil liability for pipeline demonstrators involved in riot boosting and establishes the Riot Boosting Recovery Fund to receive civil damages paid by those involved with riot boosting. Senate Bill 190 establishes the Pipeline Engagement Activity Coordination Expenses (PEACE) Fund to pay for extraordinary expenses incurred by the state or local governments arising out of, or resulting from, activities related to pipeline construction. This […]
Colorado Legislature Revises Statutory Framework for Regulation of Oil and Gas Development
Written by Chloe Marie – Research Specialist
On April 16, 2019, Colorado Governor Jared Polis signed Senate Bill No. 19-181 into law, significantly amending the regulation of the oil and gas industry within the state. This new legislation aims to increase the focus on environmental and public health concerns in the oil and gas governance process.
Increases Consideration on Environmental and Public Health Concerns
Senate Bill No. 19-181 emphasizes that the primary interest of the Colorado Oil and Gas Conservation Commission [Commission] now is in regulating – as opposed to fostering – the development of oil and gas […]
An Overview of the Pennsylvania Supreme Court Ruling Related to the Impact Fee
Written by Chloe Marie – Research Specialist
Case Summary: Snyder Brothers v. Pennsylvania Public Utility Commission
Background on Act 13 of 2012
On February 14, 2012, the Pennsylvania legislature enacted Act 13 of 2012 which provided broad additions and amendments to existing Pennsylvania law related to oil and gas development in a number of manners. Act 13 repealed and replaced the Oil & Gas Act and updated many of the environmental standards addressing well setback distance requirements, protection of water supplies, well permitting requirements, etc. Act 13 also addressed municipal regulation of oil and gas development and established […]
