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 22, 2024
Methane Emissions: DOT and PHMSA Announce Pipeline Repair Funding to Reduce Emissions ⚡
On April 3, 2024, the U.S. Department of Transportation (DOT) and the Pipeline and Hazardous Material Safety Administration (PHMSA) announced that $392 million of funding will be dedicated to modernizing pipeline systems and infrastructure with the stated goal of preventing methane pollution emissions. The funding will be divided amongst 130 projects proposed by municipality and community owned utility companies across 26 states. The selected projects involve repairing or replacing almost 500 miles of pipelines, for what PHMSA has said will result in a reduction of methane pollution […]
Shale Law Weekly Review—Week of April 15, 2024
National Energy Policy: USDA Funds Clean Energy Projects for PA Farmers and Rural Businesses ⚡
On March 28, 2024, the U.S. Department of Agriculture (USDA) announced it will be investing $5.69 million in 31 energy efficiency and renewable energy projects across 12 Pennsylvania counties. This investment is part of the March announcement of $120 million in Inflation Reduction Funds being allocated across 44 states through the Rural Energy for America Program (REAP). The USDA stated that selected REAP projects help farmers and rural business owners “lower energy costs, generate new income and create jobs” by utilizing clean energy and increasing […]
Shale Law Weekly Review—Week of April 8, 2024
Federal Lands: Interior Department Finalizes BLM Rule to Reduce Natural Gas Waste from Oil & Gas Production on Federal and Tribal Lands ⚡
On Wednesday, March 27, 2024, the Department of the Interior announced a final rule to the Federal Register that was originally proposed by the Bureau of Land Management (BLM) on November 30, 2022. The objective of the new rule is “to reduce the waste of natural gas from venting, flaring, and leaks during oil and gas production activities on Federal and Indian leases.” Additionally, the rule will provide royalty payments to public and Indian mineral owners when […]
Shale Law Weekly Review—Week of April 1, 2024
Wildlife Habitat: Bureau of Land Management Proposes Changes to Sage-Grouse Conservation and Management ⚡
On March 14, 2024, the Bureau of Land Management (BLM) announced it was proposing to “strengthen greater sage-grouse conservation and management on public lands,” which spans across eleven western states, including California, Colorado, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. BLM subsequently published a Notice of Availability of the Draft Resource Management Plan Amendment and Environmental Impact Statement for Greater Sage-Grouse Rangewide Planning, 89 Fed. Reg. 18,963 (March 15, 2024). The Draft EIS considers six alternatives, noting Alternative 5 as […]
Shale Law Weekly Review—Week of March 25, 2024
GHG Emissions: Texas Brings Suit in D.C. Circuit Court over EPA Methane Rule ⚡
On Friday, March 8, 2024, the State of Texas petitioned the D.C. Circuit Court of Appeals to review a final rule officially published to the Federal Register by the Environmental Protection Agency (EPA) on the same day. The EPA first announced the final rule on December 2, 2023, which has a stated primary objective of “sharply reduc[ing] emissions of methane and other harmful air pollution from oil and natural gas operations.” The rule aims to reduce air pollution emissions from both new and existing […]
Shale Law Weekly Review—Week of March 18, 2024
GHG Emissions: SEC Adopts New Climate Risk and Emissions Disclosure Rule ⚡
On March 6, 2024, the Securities and Exchange Commission (SEC) adopted a new rule which will require publicly traded companies to disclose to potential investors their climate risks and levels of greenhouse gas emissions. These companies must report all climate risks that have had or will have a material impact on their business in some way, including financial condition, operations, and outlook. Companies will also be required to identify any mitigation or adaptation activities they have adopted to counteract the climate risks, and what the cost of those […]
Shale Law Weekly Review—Week of March 11, 2024
Pipelines: Pennsylvania Public Utility Commission Publishes Updated Safety Standards for Intrastate HVL Transport ⚡
On February 22, 2024, the Pennsylvania Public Utility Commission (PUC) published a Final Form Rulemaking Order (FFRO) to establish state specific safety standards for the intrastate transport of highly volatile liquids (HVLs) by public utilities. The FFRO amends the standards currently outlined in 52 Pa. Code §§ 59.1—59.111. Among the updated safety standards are revamped processes for reporting accidents and notification the PUC and community members of construction. The FFRO also adds spacing and location requirements for where construction on new and existing pipelines can […]
Shale Law Weekly Review—Week of March 4, 2024
State Regulation: Colorado Limits Government Use of Gas-Powered Lawn Equipment ⚡
In February 2024, the Colorado Air Quality Control Commission (AQCC) formally adopted a new regulation first announced in December 2023, that limits the use of gas-powered lawn equipment by state agencies. The new regulation is only applicable during summer months, beginning June 2025, and affects local and state agencies differently. Local agencies within the nine-county span of the North Front Range Ozone Nonattainment area are prohibited from using lawn equipment with more than 10-horsepower on public property. State agencies are restricted statewide from using equipment with engines exceeding […]
Shale Law Weekly Review—Week of February 26, 2024
Methane Emissions: DOE and EPA Announce Intent to Fund Methane Mitigation ⚡
On February 9, 2024, the Department of Energy (DOE) and the Environmental Protection Agency (EPA) announced their intent to make Inflation Reduction Act funds available for mitigating methane, a “super pollutant.” The Methane Emissions Reduction Program will seek to target the oil and natural gas supply chain by funding projects to reduce emissions at existing wells and assets, while also developing new mitigation technologies and measuring systems to aid in identifying and fixing methane leaks. These projects will include collaboration between the oil and gas sector and DOE […]
Shale Law Weekly Review—Week of February 19, 2024
Air Quality: EPA Bolsters Soot Pollution Standards Following Air Quality Concerns ⚡
On Tuesday, February 7, 2024, the Environmental Protection Agency (EPA) published a final rule with new Particulate Matter (PM) standards that were decided on after reconsidering the 2020 National Ambient Air Quality Standards (NAAQS). As stated in the document, the EPA has revised the NAAQS by decreasing the standard for fine particulate matter (PM2.5), otherwise known as soot, from 12 micrograms per cubic meter to 9 micrograms per cubic meter. The EPA explains that this newly lowered standard was agreed upon after reviewing extensive scientific research on the […]
