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 December 23, 2024
Public Health: Department of Energy Releases Three Action Plans for Transportation Emissions ⚡
On December 12, 2024, the United States Department of Energy (DOE) announced three action plans regarding transportation emissions. In 2023, the DOE, the Department of Transportation (DOT), the Environmental Protection Agency (EPA), and the Department of Housing and Urban Development (HUD) partnered to create the U.S. National Blueprint for Transportation Decarbonization. Stemming from this plan, the DOE, DOT, EPA, and HUD worked together to develop the three action plans – An Action Plan for Maritime Energy and Emissions Innovation, An Action Plan for Rail Energy and […]
Shale Law Weekly Review—Week of December 16, 2024
Electricity Generation: Department of Energy Announces Funding for Marine Energy and Offshore Wind Research and Development ⚡
On December 4, 2024, the Department of Energy (DOE) announced over eighteen million dollars in funding for select research and development projects on marine energy and offshore wind. The projects are being run at seventeen universities including Oregon State, Rutgers, The University of Michigan, and Boston University. The projects focus on marine energy development, especially relating to data collection, testing, device efficiency and device design.
Environmental Impact Study: FAA Asks D.C. Circuit Court to Reconsider NEPA Decision
On November 27, 2024, Respondents, the Federal Aviation […]
Shale Law Weekly Review—Week of December 9, 2024
Public Health: The Environmental Protection Agency Releases New Draft Framework and Seeks Public Comment on Public Health Impacts on Communities ⚡
On November 21, 2024, the Environmental Protection Agency (EPA) released a draft framework for principles that EPA will reference when making decisions that can impact the health and environment of communities, especially Tribal and Indigenous peoples. The EPA’s draft is entitled “Interim Framework for Advancing Consideration of Cumulative Efforts.” The draft aims to help the EPA incorporate meaningful impacts on public health in Tribes and communities by using the public’s input. Cumulative impacts which are defined as “the […]
Shale Law Weekly Review—Week of December 2, 2024
Methane Emissions: EPA Finalizes Methane Emissions Fee for Oil and Gas Sector ⚡
On November 12, 2024, the U.S. Environmental Protection Agency (EPA) issued a final rule implementing a Waste Emissions Charge (WEC) on certain oil and gas operations. The WEC will apply to high-emitting oil and gas facilities, defined as those reporting to the Greenhouse Gas Reporting Program annual emissions exceeding 25,000 metric tons of carbon dioxide equivalent. This rule was issued under a Congressional directive of the Inflation Reduction Act requiring the EPA to implement and collect the fees, as well as provide for appropriate exemptions where emissions […]
Shale Law Weekly Review—Week of November 18, 2024
Environmental Impact Studies: Environmental Assessment Completed for Drilling in the Arctic Wildlife Refuge ⚡
On November 6, 2024, the Biden administration, through the Bureau of Land Management (BLM), released the final environmental analysis for proposed oil and gas drilling in the Arctic Wildlife Refuge, in northeast Alaska. This comes after the Trump Administration’s 2017 Tax Cuts and Jobs Act mandated two sales for the right to drill in the Arctic Refuge. The first sale was held in 2020, and the leases of which were subsequently blocked by the Biden Administration. This second sale, overseen by the Biden Administration, will be […]
Shale Law Weekly Review—Week of August 26, 2024
Oil and Gas Leasing: Bureau of Land Management Receives Nearly $24 Million in Bids for Oil and Gas Lease Sales in Montana and North Dakota ⚡
On August 7, 2024, the Bureau of Land Management (BLM) conducted a sale for oil and gas leases in the Montana and Dakotas region. The BLM received 264 bids and $23,935,772 in high bids for the 26 parcels, adding up to 5,570 acres, in the Montana-Dakotas Region. The lease sale had its public scoping period from December 28, 2023, to January 29, 2024, and the BLM released its decision record on August […]
Shale Law Weekly Review—Week of August 19, 2024
National Energy Policy: DOE To Purchase 3.5 Million Barrels of Crude Oil for Strategic Petroleum Reserve ⚡
On August 6, 2024, the United States Department of Energy (DOE) Office of Cybersecurity, Energy Security, and Emergency Response announced two new solicitations for the purchase of up to 3.5 million barrels of U.S.-produced crude oil for the Strategic Petroleum Reserve (SPR). The first Request for Proposal (RFP) opened on August 6, 2024, and aims to secure monthly deliveries of up to 1.5 million barrels of oil to the Bayou Choctaw site in Iberville Parish, Louisiana; this RFP closed on August 13, […]
Shale Law Weekly Review—Week of August 12, 2024
Pipelines: US Court of Appeals for the District of Columbia Vacates the Transcontinental Gas Pipeline Company’s Certificate to Build and Operate in U.S. ⚡
On July 30, 2024, the United States Court of Appeals for the District of Columbia issued an opinion reversing the Federal Energy Regulatory Commission’s (FERC) approval and granting of a certificate for the Transcontinental Gas Pipeline Company (Transco) pipeline project. FERC approved Transco to “construct and operate” a pipeline project that would go through multiple states, including New Jersey and Pennsylvania. The court determined that FERC did not properly explain why it chose not to “make […]
Shale Law Weekly Review—Week of August 5, 2024
National Energy Policy: Circuit Court Upholds EPA Regulation of Biogas Producers ⚡
On July 19, 2024, the U.S. Court of Appeals for the District of Columbia upheld EPA regulations on biogas producers after challenges from the Coalition for Renewable Energy. Coal. for Renewable Nat. Gas v. EPA, No. 23-1248, 2024 BL 246802 (D.C. Cir. July 19, 2024). The Coalition challenged the EPA’s recent regulation of renewable biomass, claiming the EPA’s regulations were arbitrary and lacked proper authority, claiming that 42 USC 7545: Regulation of fuels does not allow for regulation of biogas producers. The Court found in the EPA’s […]
Shale Law Weekly Review—Week of July 29, 2024
LNG Exports: D.C. Federal Court Orders Environmental Assessment for Commonwealth LNG Project ⚡
On July 16, 2024, the U.S. Court of Appeals for the District of Columbia Circuit issued a per curiam order granting in part and denying in part petitions to review the Federal Energy Regulatory Commission’s (FERC) approval of a proposed Gulf Coast LNG project by Commonwealth LNG. Healthy Gulf v. FERC, No. 23-1069 (D.C. Cir. 2024). The petitioners, five environmental groups, argued that FERC did not properly address National Environmental Policy Act (NEPA) and Natural Gas Act (NGA) requirements, nor did it properly “determine […]
