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 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 […]
Shale Law Weekly Review—Week of February 3, 2025
LNG Infrastructure: D.C. Circuit Court of Appeals Vacates PHMSA’s Rule on LNG Rail Transportation ⚡
On January 17, 2025, the Court of Appeals for the District of Columbia vacated the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) rule that allowed LNG rail transportation without a permit. Sierra Club, et al v. DOT, et al, Docket No. 20-01317 (D.C. Cir. Aug 18, 2020). The petitioners argued that PHMSA was required to prepare an environmental impact statement (EIS) in order to comply with the National Environmental Policy Act (NEPA). The court agreed with the petitioner’s assertion, finding that the PHMSA’s failure to […]
Shale Law Weekly Review—Week of January 27, 2025
Climate Change: New York Court Dismisses Climate Change Suit Against ExxonMobil, Shell, and BP ⚡
On January 15, 2025, the Supreme Court of the State of New York in the County of New York dismissed a suit brought by the City of New York (“the City”) against ExxonMobil, Shell, and BP. The City of New York v. ExxonMobil Corp., et al, Doc. No. 232 (Supreme Court of New York, County of New York, Commercial Division Part 45, 2025). The City brought two causes of action against the three defendant companies: “(1) violation of the [City’s Consumer Protection Law (CPL)] by […]
Shale Law Weekly Review—Week of January 20, 2025
Public Lands: Alaska Files a Claim Against the Department of the Interior Over the Recent Oil and Gas Lease Sales in the Arctic Refuge ⚡
On January 6, 2025, the State of Alaska (Alaska) filed a suit against the Department of the Interior (DOI) in the U.S. District Court for the District of Alaska. State of Alaska et al. v. U.S. Dep’t of the Interior et al., No. 3:25-cv-00003. Alaska alleges that the DOI’s alternations to the Arctic National Wildlife Refuge (Arctic Refuge) oil and gas lease sales made the plots offered for lease “undevelopable.” This claim comes as the […]
Shale Law Weekly Review—Week of January 13, 2025
Public Lands: U.S. Department of Agriculture Forest Service Submits Petition to Protect Ruby Mountains ⚡
On December 30, 2024, the U.S. Department of Agriculture’s Forest Service (USFS) submitted a petition to withdraw Ruby Mountain in Nevada from “leasing under the mineral and geothermal laws, for 20 years, subject to valid existing rights.” The USFS petition initiates a two-year segregation of Ruby Mountain and includes goals for withdrawing Ruby Mountain such as protecting wildlife and plant habitats and maintaining “recreational opportunities.” The withdrawal petition, according to the USDA’s announcement, asks to ban new mining and federal mineral leases for around […]
Shale Law Weekly Review—Week of January 6, 2025
LNG Exports: DOE Releases Updated Study on LNG Exports and Invites Public Comment ⚡
On December 17, 2024, the U.S. Department of Energy (DOE) released the 2024 LNG Export Study: Energy, Economic, and Environmental Assessment of U.S. LNG Exports. The long-awaited study examines the potential effects on domestic households, consumers, economy, and energy security by U.S. LNG exports, as well as the exports’ effects on communities near LNG export terminals and production facilities. According to the Secretary of Energy’s statement, the study will help inform the DOE’s public interest analysis when making LNG export decisions where the U.S. has […]
