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—October 6, 2020
Pipelines: Mountain Valley Pipeline Receives Permits to Move Project Forward
On September 25, 2020, the U.S. Army Corps of Engineers issued a letter to the Mountain Valley Pipeline Project reissuing Nationwide Permit 12 Verifications (NWP 12). This permits dredge and fill activities in navigational waters in Virginia and West Virginia and is a step towards the pipeline being completed. Also on this same date, a Draft Supplemental Environmental Impact Statement prepared by the U.S. Forest Service was issued evaluating the effects of the pipeline’s construction on federal lands in Jefferson National Forest. The draft SEIS is available for comment until November 9. In response […]
Shale Law Weekly Review – September 30, 2020
State Regulation: North Dakota’s Industrial Commission Amends Gas Capture Guidance Policy
On September 22, 2020, the Industrial Commission of North Dakota approved revisions made to the Gas Capture Guidance Policy which regulates gas capture in the Bakken region’s oil fields. The Gas Capture Guidance policy states two goals: reducing the amount of flared gas while increasing the amount of captured gas and creating incentives for investments to be made towards infrastructure which captures gas. Through the policy, the Commission set a goal of increasing gas capture from 88% to 91% by November 1st of this year. The revisions also amend the […]
Shale Law Weekly Review – September 25, 2020
Pipelines: Court Orders Additional Briefing on Continued Operation of Dakota Access Pipeline
On September 11, 2020, U.S. District Court for the District of Columbia issued an order requesting additional briefing to be submitted to it in Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers. (Case Number 16-1534 (JEB)). The parties’ additional briefs will assist the court in determining whether it should issue an injunction preventing the Dakota Access pipeline, spanning 1,272 miles, from operating. In the order, the district court denied the U.S. Army Corps’ request to pause the litigation while the Corps decides whether to allow the pipeline to continue operating, a […]
Shale Law Weekly Review – September 18, 2020
Pipelines / Wildlife Habitat: U.S. Fish and Wildlife Service Issues New Report for Mountain Valley Pipeline Project
On September 4, 2020, the U.S. Fish and Wildlife Service issued a Biological Opinion and Incidental Take Statement considering the Mountain Valley Pipeline project’s impact on endangered and threatened species and their habitats. This report, which replaces the report the Service issued in 2017, examined impacts the construction of the pipeline would have on five species: the Indiana bat and Northern long eared bat; two species of fish, the Roanoke logperch and candy darter; and a shrub, the Virginia spiraea. The Service determined […]
Shale Law Weekly Review – September 11, 2020
Pipelines: Mountain Valley Pipeline Requests Extension of Time to Complete Pipeline
On August 25, 2020, Mountain Valley Pipeline, LLC submitted an application to the Federal Energy Regulatory Commission (FERC) for an extension of time to complete the Mountain Valley Pipeline Project. FERC published notice of the application in the Federal Register at 85 FR 54553 on September 2, 2020. Mountain Valley cited various lawsuits and permitting issues as reasons for the delay in the project’s progress. Mountain Valley has requested that FERC extend the deadline for the project’s completion from October 13, 2020, until October 13, 2022.
Pipelines: Petition for Preliminary Injunction to Halt Permian Highway […]
Shale Law Weekly Review – September 1, 2020
Wildlife Habitat: Federal Judge Modifies Order Vacating Leases Pending Appeal
On August 25, 2020, the U.S. District Court in Montana entered an order staying vacatur of hundreds of oil and gas leases in sage grouse territory in favor of suspending operations and production under the leases pending appeal to the Ninth Circuit. The lawsuit, Montana Wildlife Federation v. Zinke, et al, challenges the federal government’s oil and gas leasing practices on public lands which are alleged to be destructive to the natural habitat of the sage grouse (4:18-cv-00069). The stay of operations and production ordered by Chief District Judge Brian Morris will […]
Shale Law Weekly Review – August 25, 2020
LNG Infrastructure: Fourteen States Petition Court to Review Agency Rule Allowing LNG To Be Transported by Rail
On August 18, 2020, fourteen states petitioned the U.S. Federal Court of Appeals for the District of Columbia to review the final rule issued by the Pipeline and Hazardous Materials Safety Administration (PHSMA), Department of Transportation. The final rule allows for liquefied natural gas (LNG) to be transported by rail tank car and is scheduled to take effect on August 24, 2020. The states allege that the final rule is unlawful under the Administrative Procedure Act, the Hazardous Materials Transportation Act, and the National Environmental Policy […]
Shale Law Weekly Review – August 19, 2020
Production and Operation: Texas Railroad Commission Proposes Amendments to Application for Exception to State Flaring Rule
On August 4, 2020, the Railroad Commission of Texas (RRC) announced they will be accepting public comments on proposed amendments to the application for exception to a state flaring rule. The RRC proposal would amend the Statewide Rule 32 Exception Data Sheet Application for Exception to Statewide Rule 32. According to RRC, the application is filed by operators when requesting authority to flare or vent gas. The amendments will require thorough documentation of flaring circumstances and more information to ensure compliance with RRC regulations. RRC will be accepting public comments […]
Shale Law Weekly Review – August 10, 2020
Air Quality: Colorado Court Dismisses Lawsuit Challenging Amended Air Emissions Regulation Affecting Oil and Gas Producers
On July 29, 2020, a Colorado District Court dismissed a lawsuit challenging an amended air emissions regulation that affected oil and gas producers. (Board of County Comm’rs of Weld County Colorado v. Ryan, No. 20CV31022). In December 2019, the Colorado Air Quality Control Commission (Commission) approved changes to State Regulation No. 7, which consists of amended air quality standards for reducing emissions. Weld County filed suit alleging that the Commission violated state statutes when it failed to give Weld County’s requests, evidence, and recommendations priority before […]
Shale Law Weekly Review – August 7, 2020
National Energy Policy: EPA Issues Final Rule Revising Permit Appeal Process
On July 22, 2020, the U.S. Environmental Protection Agency (EPA) issued a final rule that revises the agency’s permit appeal process. (40 CFR Parts 1, 49, 71, and 124). The final rule affects permits issued by the EPA under the Clean Air Act, Clean Water Act, Safe Drinking Water Act, and the Resources Conservation and Recovery Act. (rule summary). The final rule amends the Environmental Appeals Board’s (EAB) scope for review of decisions limiting review to “findings of fact and conclusions of law that are clearly erroneous.” The rule also establishes time […]
