Shale Law Weekly Review
The following information is an update of recent local, state, national and international legal developments relevant to shale gas. Subscribe for updates.
Shale Law Weekly Review—Week of April 14, 2025
Oil and Gas Leasing: Pennsylvania Superior Court Upholds Choice of Forum Clause in Lease ⚡
On March 20, 2025, the Superior Court of Pennsylvania ruled that the language of an oil and gas lease reserved the choice of forum decision to the lessor. Golden Eagle Res. II LLC v. EQT Prod. Co., Nos. 261 WDA 2024, 413 WDA 2024, 2025 Pa. Super. Unpub. LEXIS 763 (Mar. 24, 2025). Plaintiff Golden Eagle Resources (Golden Eagle) leased its oil and gas interest underneath two properties to LOLA, who subsequently leased it to defendant EQT Production Company (EQT). A provision allowed the […]
Shale Law Weekly Review—Week of April 7, 2025
Environmental Impact Studies: Penn State Research Shows Environmental Benefits from Reusing Abandoned Oil and Gas Wells ⚡
On February 28, 2025, a research article was published in the Journal of Energy Storage titled Underground energy storage using abandoned oil & gas wells assisted by geothermal. The authors explore the potential for abandoned oil and gas wells (AOGWs) to be reused as “containment cells for pressurized air,” a process that may reduce greenhouse gas emissions from AOGWs. Finding that reusing the AOGWs would be beneficial by providing “stability and natural insulation,” the article proposes that AOGWs be used as “inexpensive [compressed […]
Shale Law Weekly Review—Week of March 31, 2025
Water Quality: Bucks County Attorney General’s Office Announces Investigation into Sunoco Pipeline Leak ⚡
On March 11, 2025, the Bucks County Assistant District Attorney Edward Louka announced during a town meeting that the Attorney General’s office would be investigating leaks from a Sunoco pipeline in Upper Makefield, PA. The pipeline leak was confirmed by a Pennsylvania announcement in January 2025, which stated that the pipeline leak had contaminated six wells within Upper Makefield. Since the leak was announced, the Pennsylvania Department of Environmental Protection (DEP) had been involved with water testing within the wells for contamination, with potential contaminants […]
Shale Law Weekly Review—Week of March 24, 2025
Methane Emissions: Congress Votes to Eliminate November 2024 Waste Emissions Rule ⚡
On March 4, 2025, Congress presented to the President H.J.Res.35, which is a joint resolution which would eliminate the rule, “Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions” (89 FR 91094). This final rule, which was promulgated through the Inflation Reduction Act, required the Environmental Protection Agency (EPA) to “impose and collect an annual charge on methane emissions that exceed waste emissions thresholds specified by Congress.” The House and Senate passed H.J.Res.35 on February 26, 2025, and […]
Shale Law Weekly Review—Week of March 17, 2025
National Energy Policy: Commonwealth of Pennsylvania Announces the Unfreezing of Federal Funds Allocated to Pennsylvania ⚡
On February 24, 2025, the Commonwealth of Pennsylvania announced that federal funding that was allocated to Pennsylvania, which had previously been frozen, is now unfrozen. On January 27, 2025, the U.S. Office of Management and Budget issued the “Memorandum for Heads of Executive Departments and Agencies,” which required federal agencies to “identify and review all Federal financial assistance programs and supporting activities consistent with the President’s policies and requirements.” The memorandum required federal agencies to place a pause on activities and programs that […]
Shale Law Weekly Review—Week of March 10, 2025
Pipelines: Michigan Court of Appeals Upholds Permit for Enbridge’s Relocation of Line 5 ⚡
On February 19, 2025, the Michigan Court of Appeals upheld the conditional approval for Enbridge Energy Limited Partnership (“Enbridge”) to relocate its “Line 5” pipeline to a tunnel underneath the Straits of Mackinac in a consolidated appeal opinion. In Re Application Of Enbridge Energy To Replace & Relocate Line 5, Docket No. 369156 (Mich. Ct. App. Dec 21, 2023). Numerous groups, including Little Traverse Bay Bands of Odawa Indians and Michigan Environmental Council, appealed the Line 5 conditional approval in separate dockets. The groups/appellants argued […]
Shale Law Weekly Review—Week of March 3, 2025
Water Quality: EPA Approves Class VI Primacy Application for West Virginia ⚡
On February 18, 2025, the Environmental Protection Agency (EPA) announced their approval of West Virginia’s Class VI primacy application for injecting CO2 into “deep rock formations.” The EPA approved the application under the Safe Drinking Water Act, finding that West Virginia is “best positioned to protect underground sources of drinking water while bolstering energy independence and dominance.” According to the announcement, West Virginia is the fourth state to receive Class VI primacy since 2018. Additionally, the announcement stated that the EPA Administrator will begin “fast-track[ing]” Class VI primacy […]
Shale Law Weekly Review—Week of February 24, 2025
Air Quality: The U.S. Supreme Court Denies Solicitor General’s Motions for Abeyance in Environmental Cases ⚡
On February 6, 2025, the United States Supreme Court ordered that two environmental cases against the EPA would not be granted abeyance (a pause or postponement), which was moved for the Acting Solicitor General. The Supreme Court denied abeyance in Pacificorp, et al. V. EPA, et al, which is a case involving state implementation plans (SIPs) for “interstate transport of ozone.” PacifiCorp, et al., Petitioners vs. Environmental Protection Agency, et al., Docket No. 23-1068 (U.S. Apr 01, 2024). The Supreme Court also denied […]
Shale Law Weekly Review—Week of February 17, 2025
Pipelines: Mountain Valley Pipeline Requests Approval to Build Southgate Extension ⚡
On February 3, 2025, Mountain Valley Pipeline, LLC (MVP) submitted an abbreviated application to the Federal Energy Regulatory Commission (FERC) regarding its Southgate Extension, which will run from Pittsylvania County, Virginia, to Rockingham County, North Carolina. MVP requests that FERC issue an order amending the project’s certificate of public convenience and necessity, which was originally approved by FERC in 2020, but has faced several legal battles over the past four years. MVP specifically requests approval to construct “31.3 miles of 30-inch-diamater natural gas pipeline . . . , […]
Shale Law Weekly Review—Week of February 10, 2025
Pipelines: FERC Issues Order on Remand Reinstating Certificate and Abandonment Authorization to Transcontinental Gas Pipe Line Company ⚡
On January 24, 2025, the Federal Energy Regulatory Commission (FERC) issued an order reinstating the Transcontinental Gas Pipe Line Company’s (Transco) “certificate and abandonment authority . . . for the REAE Project.” The order, which detailed that the issue was on remand from the D.C. Circuit Court, found that the Regional Energy Access Expansion Project (REAE Project) was needed and “that the benefits outweigh the adverse impacts.” In its reasoning, FERC determined that there was a need for the REAE Project due […]
