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 10, 2023
GHG Emissions: EPA Rubber-stamps New California Regulations for Heavy-duty on Road Vehicles and Engines ⚡
On March 30, 2023, the Environmental Protection Agency (EPA) granted two waiver requests sought by the California Air Resource Board (CARB) pertaining to the regulation of heavy-duty on road vehicles and engines. Specifically, CARB sought a waiver of the federal preemption of motor vehicle emissions regulation under Section 209(b) Clean Air Act. In its decision, the EPA first granted CARB’s 2018 HD Warranty Amendments, which extends the emissions warranty period for heavy-duty diesel vehicles and engines over 14,000 pounds manufactured in 2022 or later. […]
Shale Law Weekly Review—Week of April 3, 2023
Oil and Gas Leasing: Federal Pause on Oil and Gas Leases on North Dakota’s Public Lands and Waters Overruled ⚡
On Monday, March 27, 2023, the District Court of North Dakota decided in favor of a motion for preliminary injunction filed by the State of North Dakota in an ongoing lawsuit against the Department of Interior (DOI). State of North Dakota v. United States Department of Interior et al, No. 1:21-cv-00148. The underlying complaint was filed after the DOI and the Bureau of Land Management (BLM), in accordance with Executive Order Number 14008, paused all but one quarterly lease […]
Shale Law Weekly Review—Week of March 27, 2023
GHG Emissions: European Parliament Adopts Draft Measures to Achieve Zero-emission Buildings by 2050 ⚡
On Tuesday, March 14, 2023, Members of the European Parliament adopted a proposed amendment to the Energy Performance of Buildings Directive, which now calls for the total decarbonization of buildings in all members states by 2050. In addition to buildings, the revision 55 percent reduction in greenhouse gas (GHG) emissions across the European Union (EU) by 2030. The proposal recommends that Member States should move away from fossil fuels for heating and suggests that tax incentives should be adopted to encourage renewable energy sources instead. The […]
Shale Law Weekly Review—Week of March 20, 2023
Methane Emissions: DOE Offers $47 Million to Fund Methane Emissions Reduction Technologies ⚡
On Monday, March 13, 2023, the Department of Energy (DOE) announced $47 million in funding that will be made available for 22 new projects focused on methane emissions reduction. These projects will develop technologies to detect, quantify, and reduce methane emissions in regions of the United States that are oil and natural gas producing. The technologies being developed are categorized into five areas, which involve the mitigation of emissions from oil and gas machinery, monitoring and measuring of emissions from oil and gas facilities, investigation of methane […]
Shale Law Weekly Review—Week of March 13, 2023
Pipelines: US Fish and Wildlife Service Finds Mountain Valley Pipeline Unlikely to Threaten Existence of Five Regional Species ⚡
On Monday, March 1, 2023, the United States Fish and Wildlife Service (FWS) published a revised impact assessment for the proposed Mountain Valley Pipeline, a 304-mile natural gas pipeline that will span from the Wetzel County region of West Virginia to the Pittsylvania County region of Virginia. In their assessment, the FWS’s conducts jeopardy analyses for five particular species of plant and animals that inhabit the region across which the pipeline will be constructed. The overall “rangewide status” of the species […]
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 […]
