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 February 3, 2025
LNG Infrastructure: D.C. Circuit Court of Appeals Vacates PHMSA’s Rule on LNG Rail Transportation ⚡
On January 17, 2025, the Court of Appeals for the District of Columbia vacated the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) rule that allowed LNG rail transportation without a permit. Sierra Club, et al v. DOT, et al, Docket No. 20-01317 (D.C. Cir. Aug 18, 2020). The petitioners argued that PHMSA was required to prepare an environmental impact statement (EIS) in order to comply with the National Environmental Policy Act (NEPA). The court agreed with the petitioner’s assertion, finding that the PHMSA’s failure to […]
Shale Law Weekly Review—Week of January 27, 2025
Climate Change: New York Court Dismisses Climate Change Suit Against ExxonMobil, Shell, and BP ⚡
On January 15, 2025, the Supreme Court of the State of New York in the County of New York dismissed a suit brought by the City of New York (“the City”) against ExxonMobil, Shell, and BP. The City of New York v. ExxonMobil Corp., et al, Doc. No. 232 (Supreme Court of New York, County of New York, Commercial Division Part 45, 2025). The City brought two causes of action against the three defendant companies: “(1) violation of the [City’s Consumer Protection Law (CPL)] by […]
Shale Law Weekly Review—Week of January 20, 2025
Public Lands: Alaska Files a Claim Against the Department of the Interior Over the Recent Oil and Gas Lease Sales in the Arctic Refuge ⚡
On January 6, 2025, the State of Alaska (Alaska) filed a suit against the Department of the Interior (DOI) in the U.S. District Court for the District of Alaska. State of Alaska et al. v. U.S. Dep’t of the Interior et al., No. 3:25-cv-00003. Alaska alleges that the DOI’s alternations to the Arctic National Wildlife Refuge (Arctic Refuge) oil and gas lease sales made the plots offered for lease “undevelopable.” This claim comes as the […]
Shale Law Weekly Review—Week of January 13, 2025
Public Lands: U.S. Department of Agriculture Forest Service Submits Petition to Protect Ruby Mountains ⚡
On December 30, 2024, the U.S. Department of Agriculture’s Forest Service (USFS) submitted a petition to withdraw Ruby Mountain in Nevada from “leasing under the mineral and geothermal laws, for 20 years, subject to valid existing rights.” The USFS petition initiates a two-year segregation of Ruby Mountain and includes goals for withdrawing Ruby Mountain such as protecting wildlife and plant habitats and maintaining “recreational opportunities.” The withdrawal petition, according to the USDA’s announcement, asks to ban new mining and federal mineral leases for around […]
Shale Law Weekly Review—Week of January 6, 2025
LNG Exports: DOE Releases Updated Study on LNG Exports and Invites Public Comment ⚡
On December 17, 2024, the U.S. Department of Energy (DOE) released the 2024 LNG Export Study: Energy, Economic, and Environmental Assessment of U.S. LNG Exports. The long-awaited study examines the potential effects on domestic households, consumers, economy, and energy security by U.S. LNG exports, as well as the exports’ effects on communities near LNG export terminals and production facilities. According to the Secretary of Energy’s statement, the study will help inform the DOE’s public interest analysis when making LNG export decisions where the U.S. has […]
Shale Law Weekly Review—Week of December 23, 2024
Public Health: Department of Energy Releases Three Action Plans for Transportation Emissions ⚡
On December 12, 2024, the United States Department of Energy (DOE) announced three action plans regarding transportation emissions. In 2023, the DOE, the Department of Transportation (DOT), the Environmental Protection Agency (EPA), and the Department of Housing and Urban Development (HUD) partnered to create the U.S. National Blueprint for Transportation Decarbonization. Stemming from this plan, the DOE, DOT, EPA, and HUD worked together to develop the three action plans – An Action Plan for Maritime Energy and Emissions Innovation, An Action Plan for Rail Energy and […]
Shale Law Weekly Review—Week of December 16, 2024
Electricity Generation: Department of Energy Announces Funding for Marine Energy and Offshore Wind Research and Development ⚡
On December 4, 2024, the Department of Energy (DOE) announced over eighteen million dollars in funding for select research and development projects on marine energy and offshore wind. The projects are being run at seventeen universities including Oregon State, Rutgers, The University of Michigan, and Boston University. The projects focus on marine energy development, especially relating to data collection, testing, device efficiency and device design.
Environmental Impact Study: FAA Asks D.C. Circuit Court to Reconsider NEPA Decision
On November 27, 2024, Respondents, the Federal Aviation […]
Shale Law Weekly Review—Week of December 9, 2024
Public Health: The Environmental Protection Agency Releases New Draft Framework and Seeks Public Comment on Public Health Impacts on Communities ⚡
On November 21, 2024, the Environmental Protection Agency (EPA) released a draft framework for principles that EPA will reference when making decisions that can impact the health and environment of communities, especially Tribal and Indigenous peoples. The EPA’s draft is entitled “Interim Framework for Advancing Consideration of Cumulative Efforts.” The draft aims to help the EPA incorporate meaningful impacts on public health in Tribes and communities by using the public’s input. Cumulative impacts which are defined as “the […]
Shale Law Weekly Review—Week of December 2, 2024
Methane Emissions: EPA Finalizes Methane Emissions Fee for Oil and Gas Sector ⚡
On November 12, 2024, the U.S. Environmental Protection Agency (EPA) issued a final rule implementing a Waste Emissions Charge (WEC) on certain oil and gas operations. The WEC will apply to high-emitting oil and gas facilities, defined as those reporting to the Greenhouse Gas Reporting Program annual emissions exceeding 25,000 metric tons of carbon dioxide equivalent. This rule was issued under a Congressional directive of the Inflation Reduction Act requiring the EPA to implement and collect the fees, as well as provide for appropriate exemptions where emissions […]
Shale Law Weekly Review—Week of November 18, 2024
Environmental Impact Studies: Environmental Assessment Completed for Drilling in the Arctic Wildlife Refuge ⚡
On November 6, 2024, the Biden administration, through the Bureau of Land Management (BLM), released the final environmental analysis for proposed oil and gas drilling in the Arctic Wildlife Refuge, in northeast Alaska. This comes after the Trump Administration’s 2017 Tax Cuts and Jobs Act mandated two sales for the right to drill in the Arctic Refuge. The first sale was held in 2020, and the leases of which were subsequently blocked by the Biden Administration. This second sale, overseen by the Biden Administration, will be […]
