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 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 […]
Shale Law Weekly Review—Week of November 8, 2021
GHG Emissions: The U.S. Supreme Court Grants Petitions for Writs of Certiorari Asking Review of EPA’s Authority over Regulation of GHG Emissions from Power Plants
On October 29, 2021, the U.S. Supreme Court agreed to hear multiple petitions for review of the U.S. Environmental Protection Agency’s (EPA) authority to regulate greenhouse gas emissions from power plants under the Clean Air Act (CAA). The petitions have been consolidated under docket No. 20-1530. The state of North Dakota (No. 20-1780) along with nineteen (19) other states (No. 20-1530), the North American Coal Corporation (No. 20-1531) and Westmoreland Mining Holdings, LLC (No. 20-1778) […]
Shale Law Weekly Review—Week of November 1, 2021
Pipelines: Delaware County Court of Common Pleas Orders the Public Release of Emails Between Middletown Township and Energy Transfer Concerning the Mariner East 2 Pipeline ⚡
On October 15, 2021, the Delaware County Court of Common Pleas ordered Middletown Township to give residents of the Glen Riddle Station Apartments, located along the Mariner East 2 Pipeline, access to their email communications with Energy Transfer, which access was initially refused by the company. The Court of Common Pleas held that these communications are public. Energy Transfer, the owner of the Mariner East 2 Pipeline, was recently charged for environmental crimes by […]
Shale Law Weekly Review—Week of October 25, 2021
Pipelines: North Dakota District Court Rules in Favor of Energy Company in Dispute Over Royalty Payments and Post-Production Costs ⚡
On October 13, 2021, the Northwest Judicial District Court, McKenzie County, issued a ruling in favor of Newfield Exploration Company in a case where the subject matter of the dispute is whether the energy company could deduct post-production costs from royalty payments owed to the state of North Dakota. Newfield Exploration Co., et al. v. State of North Dakota, et al., No. 27-2018-CV-00143. The district court initially sided with Newfield, determining that the lease “allows the reduction of the royalty […]
Shale Law Weekly Review – Week of October 18, 2021
Pipelines: The United States and State of Illinois Sue Pipeline Owner and Operator for Damages Caused by Oil Pollution ⚡
On October 13, 2021, the United States and the state of Illinois filed a complaint before the U.S. District Court for the Northern District of Illinois. The plaintiffs ask for damages from both the owner, West Shore Pipe Line Co., and the operator, Buckeye Pipe Line Co. L.P., of Line 257, a 3.5-mile pipeline designed to transport crude oil in Illinois. Plaintiffs alleged that they suffered an “injury to, destruction of, loss of, or loss of use of, natural resources, […]
Shale Law Weekly Review – Week of October 11, 2021
GHG Emissions: U.S. Environmental Protection Agency Issues Final Rule to Reduce Hydrofluorocarbons Use and Production ⚡
On October 5, 2021, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a Final Rule, titled “Phasedown of Hydrofluorocarbons: Establishing the Allowance Allocation and Trading Program Under the American Innovation and Manufacturing Act.” The purpose of this rule is to decrease the U.S. production and use of hydrofluorocarbons (HCFs) by 85% until 2036, in accordance with the 2020 American Innovation and Manufacturing Act. Hydrofluorocarbons are potent greenhouse gases that are commonly used as refrigerants in refrigeration and air-conditioning systems. In a […]
Shale Law Weekly Review – Week of October 4, 2021
Pipelines: Ohio Supreme Court Approves Construction of the Central Corridor Pipeline despite Lack of Alternative Route ⚡
On September 22, 2021, the Ohio Supreme Court ruled that Duke Energy could proceed with the construction of the Central Corridor Pipeline through portions of Hamilton County, Ohio. The cities of Blue Ash and Reading along with a group of individuals challenged the construction of the pipeline arguing that the Ohio Power Sitting Board erred in allowing Duke Energy to submit a proposed route without a proposed alternative. The state Supreme Court agreed with plaintiffs’ argument; however, the court held that they could […]
Shale Law Weekly Review – Week of September 27, 2021
Pipelines: PennEast Pipeline Co. LLC Withdraws Eminent Domain Claims and Halts Pipeline Project ⚡
In a notice sent to the Third Circuit Court of Appeals on September 20, 2021, PennEast Pipeline Co. LLC, in agreement with New Jersey Attorney General’s Office, decided to withdraw all eminent-domain claims on 42 parcels of state-owned land. In re: PennEast Pipeline Co LLC, No. 19-1191. This agreement puts an end to the PennEast Pipeline Project despite a recent U.S. Supreme Court’s decision allowing PennEast Pipeline Co. LLC to condemn state-owned properties in New Jersey. SLWR – July 5, 2021, “National Policy: Supreme […]
