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 12, 2024
Pipelines: US Court of Appeals for the District of Columbia Vacates the Transcontinental Gas Pipeline Company’s Certificate to Build and Operate in U.S. ⚡
On July 30, 2024, the United States Court of Appeals for the District of Columbia issued an opinion reversing the Federal Energy Regulatory Commission’s (FERC) approval and granting of a certificate for the Transcontinental Gas Pipeline Company (Transco) pipeline project. FERC approved Transco to “construct and operate” a pipeline project that would go through multiple states, including New Jersey and Pennsylvania. The court determined that FERC did not properly explain why it chose not to “make […]
Shale Law Weekly Review—Week of August 5, 2024
National Energy Policy: Circuit Court Upholds EPA Regulation of Biogas Producers ⚡
On July 19, 2024, the U.S. Court of Appeals for the District of Columbia upheld EPA regulations on biogas producers after challenges from the Coalition for Renewable Energy. Coal. for Renewable Nat. Gas v. EPA, No. 23-1248, 2024 BL 246802 (D.C. Cir. July 19, 2024). The Coalition challenged the EPA’s recent regulation of renewable biomass, claiming the EPA’s regulations were arbitrary and lacked proper authority, claiming that 42 USC 7545: Regulation of fuels does not allow for regulation of biogas producers. The Court found in the EPA’s […]
Shale Law Weekly Review—Week of July 29, 2024
LNG Exports: D.C. Federal Court Orders Environmental Assessment for Commonwealth LNG Project ⚡
On July 16, 2024, the U.S. Court of Appeals for the District of Columbia Circuit issued a per curiam order granting in part and denying in part petitions to review the Federal Energy Regulatory Commission’s (FERC) approval of a proposed Gulf Coast LNG project by Commonwealth LNG. Healthy Gulf v. FERC, No. 23-1069 (D.C. Cir. 2024). The petitioners, five environmental groups, argued that FERC did not properly address National Environmental Policy Act (NEPA) and Natural Gas Act (NGA) requirements, nor did it properly “determine […]
Shale Law Weekly Review—Week of July 22, 2024
GHG Emissions: DC Court Denies Challenge to EPA’s Recent Emissions Rule ⚡
On July 9, 2024, the U.S. District Court for the District of Columbia denied a motion filed by twenty-four states to stay the recent rule promulgated by the Environmental Protection Agency (EPA) regulating greenhouse gases (GHGs) and volatile organic compounds (VOCs) emissions by oil and gas companies. State of Texas v. EPA, No. 24-1054. In the original complaint, the plaintiff states argued that EPA’s rule, which went into effect on May 7, 2024, was “onerous” and that it would cost states millions of dollars to […]
Shale Law Weekly Review—Week of July 15, 2024
LNG Infrastructure: Western District of Louisiana Blocks the White House’s Pause on Issuing LNG Export Permits ⚡
On July 1, 2024, the Western District of Louisiana issued a judgment, ordering White House officials to resume approving LNG export applications for “liquefied natural gas to non-FTA countries . . . .” In the memorandum ruling, the court concluded that the Plaintiffs had standing to bring the action to court and that the Plaintiffs be granted a preliminary injunction. The preliminary injunction will be granted for “the LNG Export Ban [to] be stayed in its entirety, effective immediately.” The court determined […]
Shale Law Weekly Review—Week of July 1, 2024
Community Impacts: USDA Invests $81 Million in Clean Energy Investments for Colorado Rural Communities ⚡
On June 17, 2024, the USDA announced that areas in Colorado will be receiving “partially forgivable loans” totaling approximately to $81 million under the Powering Affordable Clean Energy (PACE) Program. The PACE program allots $1 billion in funding to allow for access to clean energy for rural communities. The Poudre Valley Rural Electric Association will be granted approximately $9 million to build two “solar and battery energy storage projects” and the Delta Montrose Electric Association will be given the remaining $72 million for “a […]
Shale Law Weekly Review—Week of June 24, 2024
GHG Emissions: Department of Energy Publishes Guidance for Zero Emissions Buildings ⚡
On June 6, 2024, the U.S. Department of Energy (DOE) published a document titled “National Definition of a Zero Emissions Building.” The guidance document provides a standardized definition by identifying the minimum criteria for a building to be considered zero-emissions as the following: “(1) energy efficient, (2) free of on-site emissions from energy use, and (3) powered solely from clean energy.” In its announcement, DOE states that this standardized definition “will help advance next-generation clean energy solutions, drive innovation, and tackle the climate crisis, while supporting […]
Shale Law Weekly Review—Week of June 17, 2024
Methane Emissions: Arkansas and Louisiana Receive $30 Million to Plug and Reclaim Legacy Oil and Gas Wells ⚡
On May 30, 2024, the United States Department of the Interior issued a press announcing Arkansas and Louisiana would receive a combined $30.59 million to be used to plug and reclaim orphaned oil and gas wells. The funds come from the $660 set aside by the Infrastructure Investment and Jobs Louisiana is receiving most of the funds, $25 million, while Arkansas receives the remaining $5.59 million. With the funds, the states will measure methane emissions from orphaned oil and gas […]
Shale Law Weekly Review—Week of June 10, 2024
Landscape Issues: Pennsylvania Department of Environmental Protection Allocates $5.6 Million for Environmental Restoration Projects on Abandoned Mine Lands ⚡
On May 13, 2024, the Pennsylvania Department of Environmental Protection (DEP) announced it allocated over $5.6 million in grants from funds received through the federal Bipartisan Infrastructure Law for eight environmental restoration projects on abandoned mine lands. These funds are being allocated through the Abandoned Mine Lands and Acid Mine Drainage Grant Program. Significant allocations include $2.7 million to the Allegheny Land Trust for restoration of the Chalfant Run watershed in Allegheny County and $1.9 million to the […]
Shale Law Weekly Review—Week of June 03, 2024
LNG Infrastructure: FERC Approves Pre-Filing Environmental Review Process for Gulfstream LNG’s Louisiana Project ⚡
On May 16, 2024, the Federal Energy Regulatory Commission (FERC) approved Gulfstream LNG Development, LLC’s (Gulfstream) request for the use of FERC’s pre-filing environmental review process. The new Gulfstream LNG Terminal Project will be in Plaquemines Parish, Louisiana (docket number PF24-5). The planned construction includes: “a new liquefied natural gas (LNG) export facility with gas processing facilities; three LNG trains; one LNG storage tank; two marine loading births; and one on-site power generation plant.” Gulfstream states that the project will export 4 million […]
