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 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Public Health: DOI Publishes Draft Guidance for $500 Million Grant to States for Orphaned Well Cleanup ⚡
On January 30, 2023, the U.S. Department of the Interior (DOI) released draft guidance on the $500 million grant that is being provided to states under the Bipartisan Infrastructure Law for the purpose of orphaned well cleanup.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 […]
Shale Law Weekly Review—Week of December 19, 2022
GHG Emissions: Environmental Groups File Lawsuit Against EPA Seeking Updated Nitrogen Oxide Emissions Standards ⚡
On December 7, 2022, the Environmental Defense Fund and Sierra Club filed a lawsuit in the U.S. District Court for the Northern District of California challenging the Environmental Protection Agency’s failure to update 2006 air pollution standards for stationary combustion turbines. Env’t Def. Fund v. EPA, Case No. 3:22-cv-7731. The lawsuit cites the EPA’s duty to review and revise the air pollution standards under the Clean Air Act every eight years and asks the court to require the EPA to do so.
National Energy Policy: Multiple […]
Shale Law Weekly Review—Week of December 12, 2022
Hydraulic Fracturing: Delaware River Basin Commission Votes to Ban Wastewater Discharge from Hydraulic Fracturing ⚡
On December 7, 2022, the Delaware River Basin Commission announced it had voted 4-0, with the federal government abstaining, to ban the discharge of wastewater into the Delaware River Basin from hydraulic fracturing. The rule also “discourages, limits, and places conditions on” the importation of water into the Basin. The rule will go into effect 30 days after publication in the Federal Register.
GHG Emissions: DOE Announces Proposed Rule to Decarbonize Federal Buildings
On December 7, 2022, the U.S. Department of Energy announced it had […]
Shale Law Weekly Review—Week of December 5, 2022
Methane Emissions: DOI and BLM Announce Proposed Rule to Limit Methane Emissions on Public Lands ⚡
On November 28, 2022, the U.S. Department of the Interior announced a proposed rule which would place limits on gas flaring on public lands, require technology upgrades where economically feasible, and require leak detection and waste minimization plans by operators. The proposed rule would also compensate the federal government or Indian mineral owners when gas is used for excessive flaring.
GHG Emissions: PA Approves Emergency Rule Limiting VOC Emissions
On November 28, 2022, the Pennsylvania Environmental Quality Board announced that it had adopted an […]
Shale Law Weekly Review—Week of November 28, 2022
Oil and Gas Regulations: EPA Plan for Limiting Emissions from Oil and Gas Sources Near Native Lands Released ⚡
A November 8, 2022, pre-publication version of a plan by the Environmental Protection Agency to require emissions controls by oil and gas producers near native lands in northeast Utah was recently released. The requirements would apply to existing and new oil and gas sources and are intended to reduce emissions to be in compliance with the national air quality standards.
Oil and Gas Leasing: PA Lawsuit Filed Against Shale Company for Health and Environmental Damage
On October 28, 2022, a Washington County, Pennsylvania […]
