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 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 […]
Shale Law Weekly Review – Week of July 19, 2021
State Regulation: Florida Law Prohibits Local Governments from Restricting Fossil Fuels ⚡
On July 1, 2021, Florida’s new law banning the restriction of fuel sources became effective in the state. The law, “Preemption Over Utility Service Restrictions,” prohibits local governments and municipalities from passing ordinances, rules, or any other restrictions on fuel sources. The law states that there can be no restrictions for delivery or use of fuel supplied by natural gas companies, liquefied petroleum gas dealers, and others. The bill was signed by the Governor on June 21, 2021.
Hydraulic Fracturing Bans: Pennsylvania Senators will Appeal Case Against DRBC’s […]
Shale Law Weekly Review – Week of July 12, 2021
Infrastructure: California Court Dismisses Lawsuit Against California Natural Gas Infrastructure Ban ⚡
On July 6, 2021, the U.S. District Court for the Northern District of California issued an order dismissing a lawsuit brought by the California Restaurant Association against the city of Berkeley for the city’s recent natural gas infrastructure ban. California Restaurant Association v. City of Berkeley, No. 4:19-cv-07668. The ban, “Prohibition of Natural Gas Infrastructure in New Buildings,” (No. 7,672–N.S. Chapter 12.80) prohibits natural gas infrastructure in new buildings within the city. The ban was passed on July 16, 2019, by the Council of the City […]
Shale Law Weekly Review – Week of July 5, 2021
GHG Emissions: Congress Nullifies 2020 EPA Rule Removing New Source Performance Standard Methane Limits ⚡
On June 30, 2021, President Biden signed into law joint resolution S.J.Res.14, which nullifies the Environmental Protection Agency’s (EPA) September 14, 2020 rule, “Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review” (85 FR 57018). The 2020 EPA rule removed methane limits from New Source Performance Standards (NSPS) requirements for the oil and gas sector and established EPA’s interpretation of the Clean Air Act, which required the agency to determine that a “pollutant causes or contributes significantly to […]
Shale Law Weekly Review – Week of June 28, 2021
Biofuels: U.S. Supreme Court Allows Non-Continuous Small Refinery Renewable Fuels Standard Blending Obligation Waiver Extensions ⚡
On June 25, 2021, the Supreme Court of the United States issued an opinion holding that a small refinery that previously received a waiver from Renewable Fuel Standard (RFS) blending obligations may still receive an “extension” of the waiver even if it did not acquire a continuous waiver in previous years and allowed a previous exemption to lapse. HollyFrontier Cheyenne Refining, LLC, et al., v. Renewable Fuels Association, et al., No. 20-472. The court found that the term “extension,” which is undefined in […]
Shale Law Weekly Review – Week of June 21, 2021
Economic Development: Maine Passes Law Requiring State Divestment of Fossil Fuel Securities ⚡
On June 16, 2021, the Governor of Maine signed into law L.D. 99 (H.P. 65), titled “An Act to Require the State to Divest Itself of Assets Invested in the Fossil Fuel Industry.” The act prohibits the Treasurer of State (Treasurer) from investing in the stocks, bonds, commercial paper, or securities of any fossil fuel company and requires the Treasurer to review the holdings of the Maine Public Employees Retirement System and completely divest any fossil fuel-related holdings by January 1, 2026. The law requires the […]
