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 May 10, 2021
Pipelines: North Carolina DEQ Reissues Clean Water Act Certification Denial for Mountain Valley Pipeline’s Southgate Project ⚡
On April 29, 2021, the North Carolina Department of Environmental Quality’s (DEQ) Division of Water Resources announced its second denial of 401 Water Quality Certification and Jordan Lake Buffer Authorization for the Southgate Extension of the Mountain Valley Pipeline (MVP). DEQ’s reissuance of denial follows the U.S. Court of Appeals for the Fourth Circuit’s March 2021 vacatur and remand of the agency’s August 2020 denial, which instructed DEQ to “explain why the Department chose denial over conditional certification.” […]
Shale Law Weekly Review – Week of May 3, 2021
Methane Emissions: U.S. Senate Passes Resolution Disapproving Emissions Standards Rule ⚡
On April 28, 2021, the U.S. Senate passed a resolution disapproving the 2020 oil and gas emissions standards rule. The 2020 rule titled, Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review, rescinded methane-specific requirements of the 2016 new source performance standards. (85 FR 57018). The resolution must also be passed by the U.S. House of Representatives before being sent to the President for his signature. If the resolution is signed into law, the resolution will reinstate the 2016 new source performance […]
Shale Law Weekly Review – Week of April 26, 2021
National Energy Policy: Secretary of the Interior Revokes Orders Deemed Inconsistent with Executive Order on Climate Policies ⚡
On April 16, 2021, the U.S. Secretary of the Interior, issued a Secretary’s Order revoking previous orders deemed inconsistent with Executive Order (EO) 13990. The EO titled, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis, was signed by President Biden on January 20, 2021. The Secretary’s Order revoked twelve orders, issued by previous Secretaries of the Interior, related to energy development. The Secretary’s Order also directed a review of Interior policies, rules, and regulations to […]
Shale Law Weekly Review – April 19, 2021
Pipelines: Dakota Access Petitions Court of Appeals for Rehearing on Pipeline Decision ⚡
On April 12, 2021, Dakota Access, LLC petitioned the U.S. Court of Appeals for the District of Columbus Circuit for a rehearing of a January 2021 court decision. (Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, No. 20-5197). The January court decision vacated the subsurface easement used by Dakota Access Pipeline (DAPL) to traverse beneath Lake Oahe. The January decision found that the U.S. Army Corps of Engineers (the “Corps”) violated the National Environmental Policy Act (NEPA) by issuing the pipeline easement in 2017 […]
Shale Law Weekly Review – Week of April 12, 2021
GHG Emissions: U.S. Court of Appeals Vacates EPA Rule that Regulated Source Categories for Greenhouse Gas Emissions ⚡
On April 5, 2021, the U.S. Court of Appeals for the District of Columbia Circuit vacated an Environmental Protection Agency (EPA) Rule that regulated source categories for greenhouse gas (GHG) emissions. (State of California v. EPA, No. 21-1035). The EPA rule titled, Pollutant-Specific Significant Contribution Finding for Greenhouse Gas Emissions From New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units, and Process for Determining Significance of Other New Source Performance Standards Source Categories, was published in the Federal Register on January […]
Shale Law Weekly Review – Week of April 5, 2021
GHG Emissions: New Mexico Commission Implements New Venting and Flaring Requirements ⚡
On March 25, 2021, the New Mexico Oil Conservation Commission approved a rule regulating venting and flaring in order to reduce natural gas waste. The proposed final rule includes regulations for venting and flaring during drilling, completion, and production operations. The rule requires operators to reduce the annual volume of natural gas that is vented or flared in order to capture at least ninety-eight percent of the natural gas produced. The reduction in volume must be obtained by December 31, 2026. The rule also includes performance, measurement, […]
Shale Law Weekly Review – Week of March 29, 2021
Pipelines / Water Quality: Court of Appeals Denies Review of FERC Order Regarding Water Quality Certification for Natural Gas Pipeline Project ⚡
On March 23, 2021, the U.S. Court of Appeals for the Second Circuit denied a petition to review a Federal Energy Regulatory Commission (FERC) order regarding the water quality certification for the Northern Access 2016 pipeline project (Pipeline Project). (New York State Dep’t of Envt’l Conservation v. FERC, No. 19-1610). The New York State Department of Environmental Conservation (DEC) filed a petition for review after FERC ordered that DEC waived their authority to rule on water quality certification […]
Shale Law Weekly Review – Week of March 22, 2021
Pipelines: Court of Appeals Vacates Denial of Clean Water Act Certification for Mountain Valley Pipeline’s Southgate Project ⚡
On March 11, 2021, the U.S. Court of Appeals for the Fourth Circuit vacated North Carolina’s denial of Section 401 Clean Water Act Certification for Mountain Valley Pipeline’s (MVP) Southgate Project. (Mountain Valley Pipeline, LLC v. North Carolina Dep’t of Envtl. Quality, No. 20-1971). North Carolina’s Department of Environmental Quality (DEQ) denied MVP certification due to the uncertainty of MVP’s main pipeline project status. In its decision, DEQ cited the suspended and pending federal permits that MVP needs in order to complete […]
Shale Law Weekly Review – Week of March 15, 2021
Landowner Royalties: Pennsylvania Attorney General Settles Lawsuit Against Chesapeake Energy ⚡
On March 8, 2021, Pennsylvania Attorney General, Josh Shapiro, announced a settlement with Chesapeake Energy to settle litigation related to Chesapeake’s business practices with landowners. The Attorney General initially filed a complaint against Chesapeake alleging that Chesapeake engaged in deceptive and unfair acts that induced landowners to sign leases with them. (Commonwealth of Pennsylvania v. Chesapeake Energy Corp., No. 2015IR0069). The settlement requires Chesapeake to pay landowners a total of $5.3 million in restitution and will allow landowners to change the terms of their existing leases with regard […]
Shale Law Weekly Review – Week of March 8, 2021
Water Quality: Court of Appeals Reverses Lower Court Decision that Enjoined Use of New Clean Water Act Rule in Colorado ⚡
On March 2, 2021, the U.S. Court of Appeals for the Tenth Circuit reversed a lower court decision that had enjoined the use of section 404 of the Clean Water Act in Colorado. (State of Colorado v. EPA, Nos. 20-1238, 20-1262, 20-1263). In April 2020, the Environmental Protection Agency and the Army Corps of Engineers (Agencies) published the Navigable Waters Protection Rule: Definition of the “Waters of the United States.” The Navigable Waters Protection Rule (NWPR) defines Waters […]
