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 – December 18, 2020
LNG Exports: Department of Energy Issues Rule Modifying Requirements for Environmental Review on LNG Projects
On December 4, 2020, the U.S. Energy Department published a final rule in the Federal Register (85 FR 78197) that would modify environmental reviews requirements for some liquified natural gas (LNG) projects under the National Environmental Policy Act (NEPA). The new rule relieves the Department of Energy from having to conduct environmental reviews in connection with some aspects of exporting and importing LNG with non-Free Trade Agreement countries. For example, the Department of Energy will no longer review potential environmental impacts stemming from construction and […]
Shale Law Weekly Review – December 11, 2020
State Regulation: Pennsylvania Governor Vetoes Amendment to Conventional Oil and Gas Act
On November 25, 2020, Pennsylvania Governor Tom Wolf vetoed a bill that would have amended the Conventional Oil and Gas Act. The purpose of the changes in SB 790 was to alleviate challenges faced by conventional oil drillers stemming from Act 13 regulations imposed on them after the Pennsylvania Marcellus shale boom in 2012. Among other revisions, the bill would have decreased reporting requirements for spills and would have permitted wastewater to be used on roads to reduce dust. In the veto, the governor stated that he would not sign […]
Shale Law Weekly Review – November 30, 2020
Pipelines: Enbridge Granted Water Crossing Permit by U.S. Army Corps of Engineers
On November 23, 2020, the U.S. Army Corps of Engineers (Corps) issued a water crossing permit to Enbridge pipeline for the Line 3 replacement project. In a statement, the Corps stated that “the Line 3 project is compliant with all federal laws and regulations.” On November 24, 2020, the Minnesota Public Utilities Commission also issued its authorization allowing the pipeline replacement project to proceed. In its statement, Enbridge noted that the only outstanding permit needed to proceed with the project is a stormwater permit issued by the Minnesota Pollution […]
Shale Law Weekly Review – November 25, 2020
Pipelines: Michigan Governor Revokes Easement for Enbridge Line 5 and Orders Operations to Cease
On November 13, 2020, the governor of Michigan, Gretchen Whitmer, issued a Notice of Revocation and Termination of Easement to Enbridge, ordering it to cease operation of the Line 5 pipeline which runs under the Straits of Mackinac. Enbridge was given 180 days to comply with the order, with operations ceasing no later than May 12, 2021. The Notice states that the easement was revoked due to violations of the public trust doctrine and various requirements imposed by the original 1953 Easement. That same day, the […]
Shale Law Weekly Review – November 20, 2020
Pipelines: Court of Appeals Issues Stay for Mountain Valley Pipeline NWP12 Permits
On November 9, 2020, the U.S. Court of Appeals for the Fourth Circuit issued an order granting petitioners’ motions to stay water crossing permits issued by the U.S. Army Corps of Engineers for the Mountain Valley Pipeline project. The administrative stay will temporarily block the Nationwide Permit 12 which was reissued by the U.S. Army Corps of Engineers on September 25, 2020. The court did not explain its reasoning for granting the stay, but it will issue an opinion on this matter at a later time. Audio for the oral argument on […]
Shale Law Weekly Review – November 13, 2020
Methane Emissions: Texas Approves Revisions to Data Sheet to Collect More Information on Flaring
On November 4, 2020, the Texas Railroad Commission announced that it had approved revisions to the Statewide Rule 32 Exception Data Sheet. The changes were proposed in August and will compel oil and gas operators to more thoroughly document the reasons for which operators determine their need to flare gas. The new provisions allow the Texas Railroad Commission to assess operator compliance with flaring and venting regulations. The changes will also provide more insight into the practice of flaring and venting by providing a method for collecting […]
Shale Law Weekly Review – November 9, 2020
Pipelines: Michigan Limits Scope of Hearings on Enbridge Line 5 Tunnel
On October 23, 2020, the Michigan Office of Administrative Hearings and Rules issued a ruling on the Motion in Limine submitted by Enbridge to limit the scope and evidence presented in upcoming hearings before the Michigan Public Service Commission regarding construction of Line 5 under the Straits of Mackinac. In the decision, the agency determined that it was necessary for the Commission to consider the Utility Tunnel’s design, construction, and operation in the construction of the pipeline. The Commission must also consider the Utility Tunnel to determine that Enbridge has undertaken […]
Shale Law Weekly Review – November 2, 2020
Pipelines: Federal Judge Permits Construction of Keystone XL Pipeline to Continue at Border
On October 16, 2020, the U.S District Court for the District of Montana issued an order denying renewed motions for a temporary restraining order and preliminary injunction filed by environmental groups seeking to stay all approvals that had been issued and to enjoin all pre-construction and construction activities for the Keystone XL Pipeline System. The District Court concluded that petitioners, Indigenous Environmental Network and North Coast Rivers Alliance, failed to show both a likelihood of success on the merits and that they are likely to suffer irreparable injury […]
Shale Law Weekly Review – October 26, 2020
Pipelines: Dakota Access Permitted to Increase Pipeline Capacity
On October 14, 2020, the Illinois Commerce Commission issued an order allowing the Dakota Access Pipeline to install more pumping stations along the pipeline at various locations in Illinois. The Commission found that the additional pump stations will help to nearly double the pipeline’s capacity to transport crude oil from 570,000 barrels per day to up to 1.1 million barrels per day. The additional pump stations will be located in Hancock County, Massac County, and near Patoka, Illinois. Dakota Access Pipeline alleged the need to increase capacity of the pipeline in order to meet growing […]
Shale Law Weekly Review – October 16, 2020
Pipelines: FERC Lifts Stop Work Order for Mountain Valley Pipeline
On October 9, 2020, the Federal Energy Regulatory Commission (FERC) partially lifted its stop work order and granted Mountain Valley Pipeline’s request for an extension of time to complete the project. FERC’s order authorizes construction along the majority of the pipeline route, but it does not authorize construction between mileposts 196.0 and 221.0. Mountain Valley Pipeline’s request to extend the deadline to complete the project until October 13, 2022, was also granted.
Pipelines: DC Court of Appeals Issues Order Denying Motion for Stay of FERC Orders for Jordan Cove Project
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