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 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 […]
Shale Law Weekly Review – Week of October 10, 2022
Pipelines: Pennsylvania DEP Accepting Public Comments on Transco Pipeline ⚡
On October 5, 2022, the Pennsylvania Department of Environmental Protection (DEP) held a virtual public hearing on permit applications for earth disturbance and water obstructions for the Regional Energy Access Expansion Pipeline project by Transco. The project would go through Luzerne, Monroe, Northampton, Bucks, Chester, Delaware, and York counties. The DEP is also accepting written comments on the permit applications until October 12, 2022, per its press release from September.
Environmental Impact Statements: Federal Court Orders Redo of Montana Mine Environmental Impact Analysis
On September 30, 2022, the U.S. District Court […]
Shale Law Weekly Review—Week of October 3, 2022
National Energy Policy: EPA Establishes New Environmental Justice Office ⚡
On September 24, 2022, the U.S. Environmental Protection Agency announced the creation of the new Office of Environmental Justice and External Civil Rights. The Office will manage the $3 billion climate and environmental justice program created by the Inflation Reduction Act. The EPA created the Office by merging its Office of Environmental Justice, External Civil Rights Compliance Office, and Conflict Prevention and Resolution Center.
Oil and Gas Regulation: Lawsuit Challenges BOEM Approvals of California Oil Rigs
On September 29, 2022, the Center for Biological Diversity filed a complaint in the […]
Shale Law Weekly Review—Week of September 26, 2022
Hydraulic Fracturing: Delaware River Basin Hydraulic Fracturing Moratorium Upheld ⚡
On September 16, 2022, the U.S. Court of Appeals for the Third Circuit issued an opinion affirming that a coalition of Pennsylvania state legislators did not have standing to challenge the Delaware River Basin Commission’s moratorium on natural gas extraction. Yaw, et al. v. Del. River Basin Comm’n, Case No. 21-2315. The court found that the moratorium had not “cognizably harmed” the coalition but noted that other parties had standing to challenge the moratorium and that the legislatures could lobby the Commission or produce legislation.
GHG Emissions: Interagency MOU to Reduce […]
Shale Law Weekly Review—Week of September 19, 2022
Oil and Gas Leasing: Judge Orders Reinstatement of Drilling Permit for Solenex on Blackfeet Nation Lands ⚡
On September 9, 2022, the U.S. District Court for the District of Columbia issued a memorandum opinion, finding that the Secretary of the Interior did not have authority to rescind an oil and gas lease which the Interior Department had previously granted to Solenex for leasing and drilling in the Badger-Two Medicine area in Montana (land sacred to the Blackfeet Nation). Solenex v. Haaland, et al., Civil Case No. 13-993 (RJL). The court also found that the Secretary acted arbitrarily and capriciously in […]
