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 July 11, 2022
Oil and Gas Regulation: PA General Assembly Passes Well Plugging Bill ⚡
On July 7, 2022, the Pennsylvania Senate and House both passed HB 2644. The bill would establish and allocate funds to the Orphan Well Plugging Grant Program (Program). Funding through this program would be used to receive and approve applications, provide civil liability for well pluggers, and issue grants to plug oil and gas wells. The bill would also set criteria for which wells qualify for the program and who qualifies as a well plugger. The bill was presented to Governor Wolf on July 8, 2022.
Municipal Regulation: PA […]
Shale Law Weekly Review—Week of July 4, 2022
Oil and Gas Leasing: Lawsuit Filed Challenging Federal Leasing Sales ⚡
On June 28, 2022, several conservation groups filed a lawsuit challenging the U.S. Department of the Interior and the U.S. Bureau of Land Management’s approval of the sale of 173 oil and gas leasing parcels. The lawsuit, filed in the U.S. District Court for the District Court of Columbia, includes groups such as the Sierra Club, Center for Biological Diversity, and Dakota Resource Council. The conservation groups’ argument is that the approvals violated the National Environmental Policy Act and the Federal Land Policy and Management Act by failing to […]
Shale Law Weekly Review—Week of June 27, 2022
Oil and Gas Regulations: Act Establishing Oil and Gas Well Plugging Grant Program Passes PA House ⚡
On June 20, 2022, the Pennsylvania House of Representatives passed HB 2644, which would amend Title 58 (Oil and Gas). The bill would establish and allocate funds to the Orphan Well Plugging Grant Program, a program receiving applications, approving applications, and issuing grants to plug oil and gas wells.
Oil and Gas Regulations: PA House Introduces Bill to Research Impact of Hydraulic Fracturing
On June 14, 2022, the Pennsylvania House of Representatives introduced HB 1467, which would amend Title 58 (Oil and Gas). The […]
Shale Law Weekly Review—Week of June 20, 2022
Air Quality: PA DEP Releases Rulemaking Proposal for VOC Emissions ⚡
On June 14, 2022, the Pennsylvania Department of Environmental Protection held a meeting and released a Final Rulemaking regarding volatile organic compound (VOC) emissions. It affects the following VOC sources, “storage vessels; natural gas-driven continuous bleed pneumatic controllers; natural gas-driven diaphragm pumps; reciprocating and centrifugal compressors; and fugitive emissions components.” In addition, the rulemaking includes EPA’s emission limits based on “reasonably available control technology,” otherwise known as RACT requirements. An executive summary can be found here. Next, the DEP will submit the rulemaking to the U.S. Environmental Protection […]
Shale Law Weekly Review—Week of June 13, 2022
Hydraulic Fracturing: Ninth Circuit Grants Summary Judgment Against Federal Agencies in Offshore Drilling Case ⚡
On June 3, 2022, the U.S. Court of Appeals for the Ninth Circuit affirmed a grant of summary judgment to environmental groups, the State of California, and the California Coastal Commission (together, “plaintiffs”) in their lawsuit against federal agencies including the U.S. Department of the Interior, Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement (together, “defendants”). Environmental Defense Center, et al. v. Bureau of Ocean Energy Management, et al., No. 19-55526. The Ninth Circuit held that the defendants “violated environmental […]
Shale Law Weekly Review—Week of June 6, 2022
Municipal Regulation: PA Senate Bill on Utility Regulation Proceeds to House for Consideration ⚡
On May 25, 2022, the Pennsylvania House of Representatives Local Government Committee approved SB 275 for full consideration by the House. SB 275 would amend Title 53 of the Pennsylvania Consolidated Statutes and prohibit municipalities from adopting restrictions against or discriminating against utility service providers on the basis of the type of energy provided. SB 275 would also prohibit municipalities from adopting policies which interfere with an individual’s ability to use the services of a utility service provider that is “capable and authorized.” Sen. Gene Yaw, […]
Shale Law Weekly Review—Week of May 30, 2022
Pipelines: PHMSA Announces New Rulemaking for Carbon Dioxide Pipelines ⚡
On May 26, 2022, the U.S. Pipelines and Hazardous Materials Safety Administration (PHMSA) announced a new rulemaking to update standards for carbon dioxide (CO2) pipelines. Additional new measures include an updated nationwide advisory bulletin and research solicitations to strengthen current pipeline safety. According to PHMSA, this rulemaking, and other enforcement actions, were initiated in response to the 2020 Satartia, Mississippi CO2 pipeline failure.
Climate Change: Massachusetts Supreme Judicial Court Affirms Denial of Exxon Mobil’s Motion to Dismiss Lawsuit
On May 24, 2022, the Massachusetts Supreme Judicial Court entered an order […]
Shale Law Weekly Review—Week of November 29, 2021
Public Lands: Interior Review of Oil and Gas Leasing Programs Finds Failures to Provide a Fair Return
On November 26, 2021, the Department of the Interior (DOI) released a report critiquing the functioning of the federal government’s onshore and offshore leasing programs. The report specifically condemned the leasing programs’ financial operations, suggesting that the royalty rates for leasing on public lands be increased, and that the bonding levels should likewise be increased. The report was requested by President Biden as part of Executive Order 14008 and it was based on studies previously conducted by the Government Accountability Office (GAO) […]
Shale Law Weekly Review—Week of November 22, 2021
Pipelines: Bridger Pipeline, LLC Agrees to Pay $2 million to Montana in Natural Resources Damages Caused by Pipeline Spill Incident
On November 17, 2021, the United States and the state of Montana filed a lawsuit against Bridger Pipeline, LLC, the owner of the Poplar Pipeline, seeking recovery of damages for injury caused by a pipeline break and spill into the Yellowstone River in January 2015. USA, et al. v. Bridger Pipeline, LLC, USDC Montana, No. 1:21-cv-122. The same day, the parties agreed to settle the dispute through the payment of $2 million to Montana. A press release from […]
Shale Law Weekly Review—Week of November 15, 2021
GHG Emissions: The U.S. Environmental Protection Agency (EPA) Proposes New Rule Reviewing GHG Emissions Standards from the Oil and Gas Industry
On November 15, 2021, the U.S. Environmental Protection Agency (EPA) issued in the Federal Register a proposed rule, titled “Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review” (86 FR 63110). This proposed rule is consistent with President Joe Biden’s Executive Order “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis” and would limit greenhouse gas emissions from the Crude Oil […]
