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 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 […]
Shale Law Weekly Review – Week of September 20, 2021
State Regulation: Los Angeles County Board of Supervisors Unanimously Votes to Phase Out Oil and Gas Development ⚡
On September 15, 2021, the County of Los Angeles Board of Supervisors unanimously voted on a motion to prohibit new oil and gas development within the county. In that regard, the Board requested the Los Angeles County Department of Regional Planning (DRP) to modify the pending Draft Oil Well Ordinance for unincorporated Los Angeles County to reflect that ban. Additionally, the Board also agreed to initiate a process to phase out existing oil and gas drilling in the unincorporated areas of the […]
Shale Law Weekly Review – Week of September 13, 2021
Pipelines: D.C. Circuit Court of Appeals Rejects Petition to Rehear Decision to Remand FERC’s Certification Order for Spire STL Pipeline Project ⚡
On September 7, 2021, the U.S. Court of Appeals for the District of Columbia Circuit denied Intervenors Spire Missouri Inc. and Spire STL Pipeline’s petition for rehearing en banc to reconsider the court’s decision dated June 22, 2021, to vacate FERC’s certification order for the Spire STL Pipeline Project and remand with vacatur the case to the Commission for appropriate action. Environmental Defense Fund v. FERC, USCA D.C. Cir., No. 20-1016. The Spire STL Pipeline is an interstate […]
Shale Law Weekly Review – Week of September 6, 2021
GHG Emissions: Pennsylvania IRCC Approves Carbon Pricing Proposed Rulemaking
On September 1, 2021, the Pennsylvania Independent Regulatory Review Commission (IRCC) reviewed and approved a rulemaking proposed by the Environmental Quality Board (EQB). The proposed regulation (Reg. #7-559) was initially published in the Pennsylvania Bulletin on November 7, 2020 and would amend 25 Pa. Code Chapter 145 and establish a CO2 Budget Trading Program. The purpose of the program would be to restrict carbon emissions from fossil-fuel-fired electric generating units (EGU) through carbon pricing. In addition, Pennsylvania will join the Regional Greenhouse Gas Initiative (RGGI), a cooperative market-based cap-and-trade […]
Shale Law Weekly Review – Week of August 30, 2021
Pipelines: The American Petroleum Institute Announces Publication of Updated Pipeline Control Systems Cybersecurity Standard
On August 18, 2021, the American Petroleum Institute (API) released its 3rd edition of Standard 1164, Pipeline Control Systems Cybersecurity. This publication is designed to provide guidance for the strategic protection of the national critical infrastructure against cyber-attacks. API stated that this “expansion of the standard supports the Biden administration’s national security priorities as well as the United Nations Sustainable Development Goal (UNSDG) 9 for resilient infrastructure.”
Mergers and Acquisitions: Federal Trade Commission Chair to Investigate Unlawful Business Practices in the U.S. Gasoline Market
On August 25, 2021, […]
Shale Law Weekly Review – Week of August 23, 2021
Climate Change: The U.S. Department of Treasury Announces Guidance on MDB Funding of Fossil Fuels and Clean Energy Projects
On August 16, 2021, the U.S. Department of the Treasury released a guidance document to assist Multilateral Development Banks (MDBs) in funding and promoting the development of innovative sustainable projects rather than fossil fuel-based energy projects. In that regard, the U.S. Department of Treasury stated that it will “oppose” direct investment projects for new coal-based, oil-based energy, and upstream natural gas projects, among other things. The guidance document is titled Guidance on Fossil Fuel Energy at the Multilateral Development Banks […]
Shale Law Weekly Review – Week of August 16, 2021
National Energy Policy: The U.S. Department of Energy Provided Funding for Carbon-Neutral Solution Projects
Recently, the U.S. Department of Energy (DOE) announced funding of $45 million for the integration of renewable energy sources into the grid as support for the decarbonization of the energy sector by 2035. Of this amount, $25 million is awarded to the creation of a consortium aimed to develop grid-forming inverters, which are described as “an emerging technology that allows solar and other inverter-based energy sources to restart the grid without a spinning turbine, typically an oil or coal-fired power plant.” In addition, the U.S. DOE […]
Shale Law Weekly Review – Week of August 9, 2021
LNG Infrastructure: Court Orders FERC to Review Climate Change Impacts of Texas Liquefied Natural Gas Terminals
On August 3, 2021, the United States Court of Appeals for the District of Columbia Circuit issued an opinion finding that the Federal Energy Regulatory Commission (FERC) failed to sufficiently address the impacts of three liquefied natural gas (LNG) export terminals located in Cameron County, Texas. Vecinos Para el Bienestar De La Comunidad Costera, et al. v. Federal Energy Regulatory Commission, No. 20-1045. The case was brought by several environmental groups that argued FERC’s review of the LNG projects’ climate change impacts did […]
Shale Law Weekly Review – Week of August 2, 2021
Oil and Gas Leasing: PA Supreme Court Rules Revenue from Oil and Gas Leases Must be Used for Conservation ⚡
On July 21, 2021, the Supreme Court for the Middle District of Pennsylvania ruled that the Environmental Rights Amendment does not create an avenue that would allow funds from oil and gas development to be transferred to Pennsylvania’s general fund. Pennsylvania Environmental Defense Foundation v. Commonwealth of Pennsylvania, et al. No. 64 MAP 2019. This case was brought by the PA Environmental Defense Foundation which sued after funds from the Oil and Gas Lease Fund were transferred to the […]
Shale Law Weekly Review – Week of July 26, 2021
Critical Infrastructure: Department of Homeland Security Issues New Directive to Address Pipeline Cybersecurity Risks ⚡
On July 20, 2021, the Department of Homeland Security issued a press release announcing new security directives for critical pipeline operators and facility owners. According to the text of the directive, the new measures have been created as a direct response to the cyber-attack that temporarily shut down the Colonial Pipeline. The purpose of the directive is to increase cybersecurity measures to protect critical pipeline infrastructure and ensure the uninterrupted supply of natural gas and other petroleum products. Under the new directive, pipeline operators must […]
