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 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 […]
Shale Law Weekly Review—Week of November 21, 2022
Municipal Regulation: Hydrogen and Carbon Capture Developer Sues Louisiana County Over Moratorium on Seismic Surveying and Well Construction ⚡
On November 18, 2022, Air Products Blue Energy filed a lawsuit against Livingston Parish’s government and Council, which had passed an ordinance prohibiting seismic surveying, construction, and drilling of carbon storage wells for one year. The complaint claims the ordinance is invalid under Louisiana state law and seeks injunctive and declaratory relief against the ordinance.
Methane Emissions: EPA Proposes New Emissions Reductions Standards for Oil and Natural Gas
On November 11, 2022, the Environmental Protection Agency announced it had issued a
Shale Law Weekly Review—Week of November 14, 2022
State Regulation: PA Governor Signs Bill Granting Tax Subsidies for Natural Gas and Hydrogen Usage in Agriculture ⚡
On November 3, 2022, Pennsylvania Governor Wolf signed HB 1059, which grants a tax credit of $0.47 per unit of dry natural gas purchased and used in production of petrochemicals or fertilizer. The law includes a similar tax credit for the purchase and use of hydrogen in the same manner. The law increases the maximum tax credit for usages of natural gas to $56 million annually. In a letter, the governor explained that the purpose of the natural gas credit is […]
Shale Law Weekly Review—Week of November 7, 2022
National Energy Policy: EPA Announces $43 Million Toward Energy Resilience and Local Generation Projects ⚡
On November 2, 2022, the U.S. Environmental Protection Agency announced a total of $43 million across 23 projects in 21 states and territories, all focused on energy resilience or research of local energy generation. In the RACER program, 20 projects focus on preventing disruptions in power by building clean energy. The other three projects under the Energyshed funding program focus on assisting communities in evaluating locally generated energy.
GHG Emissions: EU Reaches Agreement Requiring New Cars Sold to be Zero-Emissions by 2035
On October 27, 2022, the […]
Shale Law Weekly Review—Week of October 31, 2022
Climate Change: Appeals Court Rules States Lack Standing to Challenge Interagency Working Group Social GHG Estimates ⚡
On October 21, 2022, the U.S. Circuit Court of Appeals for the Eighth Circuit issued an opinion affirming dismissal of a lawsuit by a coalition of states, led by Missouri, for lack of standing. Missouri, et al. v. Biden, et al., Case No. 21-3013. The court ruled that the states’ requested injunction against an Interagency Working Group’s Social Cost of Greenhouse Gases estimates is outside federal courts’ jurisdictions, as the states could not “plausibly allege…concrete and particularized actual injury…fairly traceable to defendants’ conduct.” […]
Shale Law Weekly Review—Week of October 24, 2022
National Energy Policy: Department of Energy Oil Sale and Repurchasing Policies Announced ⚡
On October 18, 2022, a fact sheet posted on the White House website announced a Notice of Sale by the Department of Energy to release up to 15 million barrels of oil from the Strategic Petroleum Reserve (SPR), beginning on October 19, 2022. The purpose of the release is to lower energy costs, according to a press release by the DOE. Additionally, the DOE finalized a rule to repurchase crude oil for the SPR once the price oil is “at or below about $67-$72 per […]
Shale Law Weekly Review – Week of October 17, 2022
Oil and Gas Leasing: Ohio Federal Court Denies Summary Judgment in Overriding Royalty Interests Dispute ⚡
On September 22, 2022, the U.S. District Court for the Southern District of Ohio, Eastern Division, denied cross-motions for summary judgment filed by both parties in an overriding royalty interests (ORRI) dispute. Sabre Energy Corp. V. Gulfport Energy Corp., et al., No. 2:19-cv-05559. The court found that questions of fact remained regarding production capabilities on the disputed drilling units. Sabre Energy Corporation initially brought suit claiming it was owed royalty payments by Gulfport Energy Corporation on “horizontal deep […]
