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 6, 2023
GHG Emissions: DOE Announces $2.52 Billion in Funding for Carbon Capture Projects ⚡
On February 23, 2023, the Department of Energy (DOE) announced that two programs created to support the development of carbon capture technology will receive $2.52 billion in funding. The carbon management technologies in development include systems capture, transport, and storage of carbon dioxide (CO2) emissions. Both programs will focus on these technologies in order to make coal and natural gas use more effective. The first program, called “Carbon Capture Large-Scale Pilots,” will receive $820 million in funding for testing up to ten large-scale projects aimed at […]
Shale Law Weekly Review—Week of February 27, 2023
National Energy Policy: DOE, IRS, and Treasury Department Release New Guidance on Qualifying Advanced Energy Project Credit Program ⚡
On February 13, 2023, the U.S. Treasury Department, the U.S. Department of Energy (DOE), and the Internal Revenue Service (IRS) released new guidance on the expanded Qualifying Advanced Energy Project Credit program under Section 48C of the Internal Revenue Code. The program will allocate $10 billion in credits that will be awarded for certain advanced energy projects. The purpose of the credits is to create jobs in the clean energy technology sector, reduce industrial greenhouse gas (GHG) emissions, and protect the […]
Shale Law Weekly Review—Week of February 20, 2023
State Regulation: RRC Updates Requirements for New Disposal Well Permits in the Permian Basin ⚡
On February 7, 2023, the Railroad Commission of Texas (RRC) published updated requirements for new disposal wells permits issued in the Permian Basin. According to the update, new disposal wells must be equipped with gauges for “bottomhole pressure monitoring” in order to be permitted. This applies to both deep and shallow disposal wells in the Permian Basin. The data collected daily from these gauges must be reported on a monthly basis to the RRC, including injection pressure, volume, and rate. This information will be made […]
Shale Law Weekly Review—Week of February 13, 2023
GHG Emissions: DOE Announces $131 Million in Funding for R&D of Wide-scale CO2 Reduction Projects ⚡
On January 30, 2023, the Department of Energy (DOE) announced that $131 million will be invested to help in the research and development of 33 projects aimed at reducing carbon dioxide (CO2) pollution. The projects will reduce CO2 pollution through “carbon management technologies,” which will aid in the capture of these pollutants when they are generated through the activities of power plants and industrial facilities. The technology will also be used to capture CO2 from the atmosphere so that it can be stored at […]
Shale Law Weekly Review—Week of February 6, 2023
Public Health: DOI Publishes Draft Guidance for $500 Million Grant to States for Orphaned Well Cleanup ⚡
On January 30, 2023, the U.S. Department of the Interior (DOI) released draft guidance on the $500 million grant that is being provided to states under the Bipartisan Infrastructure Law for the purpose of orphaned well cleanup. This grant will be used to build the infrastructure and create the jobs necessary for “well site plugging, remediation, and reclamation.” The guidance indicates what information states must provide to receive a “Phase 1 Formula grant,” which includes the allotted $500 million in funding based on […]
Shale Law Weekly Review—Week of January 30, 2023
Hydraulic Fracturing Bans: Fossil Fuel Companies Petition Supreme Court to Reverse Ban on All New Permits for Oil Production on the Pacific Outer Continental Shelf ⚡
On January 25, 2023, the American Petroleum Institute, Exxon Mobile, and DCOR petitioned the Supreme Court to review the decision by the Ninth District Court of Appeals to uphold an injunction against all new well-stimulation treatment permits in the Pacific Outer Continental Shelf. In their petition, the three companies first argue that the Ninth Circuit erred in upholding the Department of the Interior’s finding that “hypothetical future approvals of permits to conduct well-stimulation treatments” […]
Shale Law Weekly Review—Week of January 23, 2023
Community Impacts: DOE Provides Application Guidance for Community-Oriented Clean Energy Program ⚡
On January 18, 2023, The U.S. Department of Energy (2023) provided additional guidance for its Energy Efficiency and Conservation Block Grant (EECBG) Program. The EECBG program will allow state, local, and Tribal governments to apply for $430 million in grant funding to support energy efficiency projects and “to reduce fossil fuel emissions.” The funding may be used for community projects such as creating community solar, bike lanes, or installing renewable projects. The DOE is also seeking input on its Home Energy Rebates Programs, which will provide $9 […]
Shale Law Weekly Review—Week of January 16, 2023
GHG Emissions: Council on Environmental Quality Issues New Guidance for Agency Analysis of Greenhouse Gas and Climate Change Impacts ⚡
On January 6, 2023, the Council on Environmental Quality (CEQ) issued new guidance for agencies in their analysis of how proposed actions under the National Environmental Policy Act (NEPA) will impact the climate and contribute to greenhouse gas emissions. CEQ states that the purpose of the guidance is to help federal agencies better evaluate the impact of their agency actions on climate change. The new guidance asks agencies to consider both “(1) the potential effects of a proposed action on […]
Shale Law Weekly Review—Week of January 9, 2023
State Regulation: DEP Report Finds Pattern of Non-Compliance Among PA Oil and Gas Well Operators ⚡
On December 29, 2022, the Pennsylvania Department of Environmental Protection (DEP) released a report on the status of compliance with DEP regulations among oil and gas well operators, as a result of a request made by Governor Tom Wolf. The report, prepared by DEP’s Office of Oil and Gas Management, examined abandonment of wells and failures to report on waste production and mechanical integrity. The report found “significant non-compliance” over the past five years, going so far as to say failure to report was […]
Shale Law Weekly Review—Week of December 26, 2022
GHG Emissions: EPA Finalizes Program to Further Reduce Air Pollution Through New Emissions Standards on Heavy-duty Engines and Vehicles ⚡
On December 20, 2022, the EPA finalized a rule that will introduce a new program to curtail ozone and particulate matter (PM) pollution through new emissions standards that apply to the operating conditions of heavy-duty engines. The program has several new requirements, which include new numeric standards and requirements for testing procedures, regulating useful life, and issuing warranties that are much more stringent than the requirements of the current heavy-duty emission control program. The overall objective of the new program […]
