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 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 […]
Shale Law Weekly Review—Week of September 12, 2022
Oil and Gas Regulation: Court Upholds North Dakota Claim of Underpaid Gas Royalties
On September 1, 2022, the North Dakota Supreme Court, in a unanimous decision, upheld the state of North Dakota’s claim against Newfield Exploration Company for underpaid gas royalties. Newfield Expl. Co. v. North Dakota, et al., Case No. 20220022. The ND Supreme Court held that the lower court improperly focused on the state’s inability to prove breaches of oil and gas leases, rather than focusing on the state’s damages and Newfield’s defenses. The case was remanded to state district court.
Oil and Gas Leasing: Court Upholds Wyoming […]
Shale Law Weekly Review—Week of September 5, 2022
Oil and Gas Regulations: Interior Department Issues $560 Million for Well Plugging
On August 25, 2022, the U.S. Department of the Interior announced it had issued an initial $560 million to 24 states to plug and remediate abandoned oil and gas wells. Funding will also allow for research, equipment, inspections, and data collection to better find and address these orphaned wells. Over 129,000 wells have been listed as abandoned and over 10,000 are marked as a priority for state efforts. This funding is part of the $1.15 billion “Phase One” funding announced in January for states to plug abandoned […]
Shale Law Weekly Review—Week of August 29, 2022
Oil and Gas Leasing: Environmental Groups File Suit Challenging Peregrine Program
On August 25, 2022, Sierra Club, Friends of the Earth, and Greenpeace filed a lawsuit challenging the U.S. Bureau of Land Management’s approval of Emerald House’s Peregrine “oil and gas exploration” program in Alaska. Sierra Club, et al., v. Bureau of Land Mgmt. The Peregrine program is a five-year, year-round program set to appraise oil and gas in the Alaskan Reserve, involving drilling, construction and deconstruction of drilling sites, and fossil-fuel powered flights and transportation in and out of the Reserve. The conservation groups claim BLM failed to […]
Shale Law Weekly Review—Week of August 22, 2022
Pipelines: Federal Judge Rules Enbridge Case Must Remain in Federal Court
On August 18, 2022, the U.S. District Court for the Western District of Michigan, Southern Division denied the State of Michigan’s motion to remand the case to state court in its lawsuit seeking to stop Enbridge’s Line 5 Pipeline. Nessel v. Enbridge Energy Ltd. P’ship, Case No. 1:21-cv-1057. The court found that there were “important federal interests” involved in the case and that “comprehensive and efficient administration of justice” required the case to remain in federal court. The case was originally filed in Michigan state court but was […]
Shale Law Weekly Review—Week of August 15, 2022
Pipelines: Crow Creek Pipeline Case Reaches Settlement
On August 9, 2022, the U.S. District Court for the District of Idaho entered an order approving a settlement and dismissing with prejudice a lawsuit which disputed federal authorization of the Crow Creek Pipeline in the Caribou-Targhee National Forest in Idaho. Yellowstone, et al. v. Bolling, et al., Case No. 4:20-CV-00192-DCN. As a result of the settlement, the U.S. Forest Service agreed it would complete a Supplemental Environmental Impact Statement for the pipeline project, although the settlement does not preclude future challenges under the National Environmental Policy Act.
Methane Emissions: DOE Announces […]
Shale Law Weekly Review—Week of August 8, 2022
Oil and Gas Regulations: PA Governor Requests DEP Review of Well Plugging Law
On July 30, 2022, Pennsylvania Governor Tom Wolf issued a Notice of Bill Enacted without Signature in regard to the recently passed well plugging law, HB 2644. Gov. Wolf directed the Pennsylvania Department of Environmental Protection (DEP) to evaluate the oil and gas industry’s record of compliance, to evaluate Pennsylvania’s current use of existing authority regarding oil and gas well bonds and abandoned wells, and to make recommendations for regulatory reform. Gov. Wolf in the notice cited the DEP’s past identification of “more than 17,000 […]
Shale Law Weekly Review—Week of August 1, 2022
Methane Emissions: DCP and EPA Resolve Clean Air Act Lawsuit with Consent Decree
On July 27, 2022, DCP Operating Company, along with its affiliates, filed notice of a proposed consent decree with the federal government (on behalf of the EPA) and Colorado in a lawsuit alleging DCP violated the Clean Air Act and Colorado air pollution laws. U.S. v. DCP Operating Co., et al., Civil Action No. 1:22-cv-01829-NRN. The initial suit alleged “violations of leak detection and repair requirements” from DCP’s eight natural gas plants in the Denver area. The consent decree would resolve all claims and DCP would […]
Shale Law Weekly Review—Week of July 25, 2022
Oil and Gas Regulation: Well Plugging Bill Becomes Law in Pennsylvania
On July 19, 2022, Pennsylvania bill, HB 2644, which establishes and allocates funds to an Orphan Well Plugging Grant Program (“Program”) became law, effective immediately. Funding for the Program will be used to receive and approve applications, provide civil liability for well pluggers, and issue grants to plug oil and gas wells. The bill will also set criteria for which wells qualify for the program and who qualifies as a well plugger.
LNG Exports: Sierra Club Files Lawsuit Appealing Driftwood LNG Permit
On July 19, 2022, filed a petition […]
Shale Law Weekly Review—Week of July 18, 2022
Hydraulic Fracturing : Conservation Group Files Lawsuit Against EPA Over Colorado Permit Requirements
On July 12, 2022, the Center for Biological Diversity filed a petition in the U.S. Court of Appeals for the Tenth Circuit, asking the court to review the EPA’s final action approving the state of Colorado’s permit program requirements. Ctr. for Biological Diversity v. EPA. The final action was published in the Federal Register May 13, 2022. The Center said in a statement that the lawsuit was intended to force the EPA to close a “loophole that allows unlimited air pollution” from drilling and hydraulic […]
