Water Quality
Shale Law Weekly Review – July 7, 2020
Pipelines: Michigan Court Allows Partial Restart of Enbridge Line 5 Pipeline After Temporary Restraining Order Issued
On July 1, 2020, the Michigan Circuit Court for Ingham County amended a Temporary Restraining Order (TRO) that had halted operations of both East and West lines of the Enbridge Line 5 pipeline. (Nessel v. Enbridge Energy, LP, No. 19-474-CE). A TRO was issued on June 25, 2020, after damage to the East line was found. However, the Amended TRO allows the West line of the pipeline to restart operations and allows for an “in-line investigation” of the West line. The Amended TRO states that the East […]
Shale Law Weekly Review – June 8, 2020
Pipelines: Court of Appeals Denies Stay of Court Order in Pipeline Permit Case
On May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay a district court order that enjoined the use of Nationwide Permit 12 (NWP 12) for the construction of new oil and gas pipelines. (Northern Plains Resource Council v. U.S. Army Corps of Engineers, No. 20-35412). The U.S. Army Corps of Engineers (Corps) filed its Motion for Stay Pending Appeal on May 13, 2020. The Corps argued that the district court order was “improper” because it granted relief that was not requested by the Plaintiffs. Plaintiffs, […]
Shale Law Weekly Review – May 26, 2020
Water Quality/ Pipelines: New York Denies Water Quality Permit for NESE Pipeline Project
On May 15, 2020, the New York State Department of Environmental Conservation (Department) denied a Water Quality Certification application for the Northeast Supply Enhancement Project (Project) proposed by the Transcontinental Gas Pipe Line Company (Transco). Transco was granted a certificate for the Project by the Federal Energy Regulatory Commission on May 3, 2019, subject to the approval of a state-issued Water Quality Certificate. On May 17, 2019, Transco submitted its Water Quality application to the Department and the application received over 16,000 comments from the public. The Department denied […]
Agricultural Law Weekly Review—week ending May 22, 2020
COVID-19: USDA Announces Details of Direct Payments Portion of Coronavirus Food Assistance Program
On May 19, 2020, U.S. Secretary of Agriculture Sonny Perdue announced the direct payments portion of the Coronavirus Food Assistance Program (RIN 0503-AA65), which will provide $16 billion in direct payments to producers of wool, livestock, dairy, and specialty and non-specialty crops who have experienced a “five-percent-or-greater price decline due to COVID-19.” Payments are limited to $250,000 “per person or entity” with exceptions for corporate entities of up to three shareholders who “contribute[] substantial labor or management” to operations. USDA will accept applications […]
Shale Law Weekly Review – May 12, 2020
Water Quality: Supreme Court Vacates Kinder Morgan Pipeline Spill Case in Light of Recent Clean Water Act Decision
On May 4, 2020, the U.S. Supreme Court ordered that a Kinder Morgan pipeline leak case be vacated and remanded in light of a recent Clean Water Act decision (Kinder Morgan Energy Partners, L.P. v. Upstate Forever and Savannah Riverkeeper, No. 18-268). The case was remanded to the U.S. Court of Appeals for the Fourth Circuit following the Supreme Court’s recent decision in County of Maui v. Hawaii Wildlife Fund, 590 U. S. ___ (2020). In 2014, Kinder Morgan’s Plantation pipeline ruptured and leaked 370,000 […]
Agricultural Law Weekly Review—April 30, 2020
COVID-19: President Delegates Defense Production Act Authority to USDA Secretary to Ensure Continued Supply of Meat and Poultry
On April 28, 2020, President Donald Trump issued an Executive Order, titled “Delegating Authority Under the DPA with Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19.” This Executive Order delegates authority to USDA Secretary Sonny Perdue “to ensure the continued supply of meat and poultry” by taking “all appropriate action” under the The Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.) (DPA), “to ensure that meat and poultry processors […]
Agricultural Law Weekly Review—April 23, 2020
COVID-19: USDA Announces Coronavirus Food Assistance Program:
On April 17, 2020, USDA announced the administrative creation of the Coronavirus Food Assistance Program, utilizing $19 billion of Coronavirus Aid, Relief, and Economic Security Act (CARES) and Families First Coronavirus Response Act (FFCRA) authority and appropriations. The program’s primary initiatives are titled (1) Direct Support to Farmers and Ranchers; and (2) USDA Purchase and Distribution. The Direct Support program will use $16 million for producer compensation for 2020 marketing year actual losses resulting from price, supply chain, demand, and over-supply impacts of COVID-19. The USDA Purchase program will use $3 billion to purchase three categories of food from producers (fresh produce, dairy, […]
Shale Law Weekly Review – April 14, 2020
Biofuels: Court of Appeals Denies Request for Rehearing on Renewable Fuel Standard Exemptions
On April 7, 2020, the U.S. Court of Appeals for the Tenth Circuit denied a request for rehearing from small oil refineries regarding renewable fuel standard exemptions. (NCGA news release, Renewable Fuels Association v. EPA, No. 18-9533). The request was filed in response to a January 2020 ruling by the court that vacated the Environmental Protection Agency’s (EPA) extension of renewable fuel standard exemptions to three small oil refineries. (Jan. Order, pg. 99). EPA issued a news release stating that it planned to implement the court’s January decision once […]
Agricultural Law Weekly Review—March 5, 2020
Invasive Species: Pennsylvania Spotted Lanternfly Quarantine Order Expanded
On March 3, 2020, the Pennsylvania Department of Agriculture announced that, effective March 2, 2020, the following twelve counties have been added by amendment to the geographic scope, and are therefore now subject to the requirements, of the Spotted Lanternfly Quarantine Order of May 26, 2018: Allegheny, Beaver, Blair, Columbia, Cumberland, Huntingdon, Juniata, Luzerne, Mifflin, Northumberland, Perry, and York. The amendment will be published in the Pennsylvania Bulletin on March 14, 2020.
Industrial Hemp: USDA Approves Three More State Hemp Production Plans, Including Pennsylvania
On February 26, 2020, and again on March 3, 2020, […]
Shale Law Weekly Review – February 25, 2020
Water Quality: Study Examines Hydraulic Fracturing and Pennsylvania Watersheds
On February 3, 2020, the Proceedings of the National Academy of Sciences (PNAS) published a study that focused on shale gas development in 25 watersheds over a two-year period. The Pennsylvania State Forests (PASF) area was chosen for the study because the area has “few other potential anthropogenic stressors” on streams while containing a “gradient of shale gas development under a consistent regulatory structure.” The researchers found no chemical or microbial impact or connection between hydraulic fracturing and the watersheds. The study, however, did identify a possible relationship between sediment caused by […]
