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 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 […]
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 […]
