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 December 25, 2023
State Regulation: Massachusetts Orders Gas Companies to Consider Non-gas Pipeline Alternatives ⚡
On December 6, 2023, the Massachusetts Department of Public Utilities (DPU) issued Order 20-80 which, according to the DPU, will guide local gas distribution companies (LDCs) in the Commonwealth’s efforts to reach net zero GHG emissions by 2050. The Order emphasizes the use of “non-gas pipeline alternatives” such as “electrification, thermal networked systems, targeted energy efficiency and demand response, and behavior change and market transformation” by LCDs. Further, the Order requires LCDs seeking cost recovery for the promotion of natural gas to prove that non-gas pipeline alternatives “were […]
Shale Law Weekly Review—Week of December 18, 2023
Methane Emissions: EPA Publishes Final Rule Aimed at Cutting Methane Emissions ⚡
On December 6, 2023, the Environmental Protection Agency (EPA) published a final rule with a stated aim to “reduce emissions of methane and other harmful air pollution from oil and natural gas operations” in the Federal Register. Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review 87 FR 74702. The EPA highlighted methane and volatile organic compounds (VOCs) as two of the emissions types targeted by the new guidelines. Additionally, the EPA noted that the […]
Shale Law Weekly Review—Week of December 11, 2023
Climate Change: New Jersey Adopts Rule Requiring 100% of Light-Duty Vehicle Sales to be Zero-Emission Vehicles by 2035 ⚡
On November 21, 2023, the New Jersey Office of the Governor announced the next stages for Advanced Clean Cars II rule, requiring all “light-duty vehicle” manufacturers to incrementally increase sales of zero-emission vehicles (ZEV) beginning in 2027 to reach 100% of vehicle sales by 2035. The rule was proposed on August 21, 2023 by the NJ Department of Environmental Protection and, according to the announcement, is now scheduled to be confirmed on December 18, 2023. The rule is modeled […]
Shale Law Weekly Review—Week of December 4, 2023
Pipelines: FERC Authorizes Construction of the Southeast Energy Connector Project ⚡
On November 16, 2023, FERC issued an order authorizing the construction and operation of the Southeast Energy Connector Project (SECP). Transcontinental Gas Pipe Line Co. LLC, 185 FERC ¶ 61133, Docket No. CP22-501-000 (2023). The order authorizes the construction and operation of Transcontinental Gas Pipe Line Co. LLC (Transco)’s pipeline and associated compression facilities in Chilton and Coosa Counties, Alabama. Transco is a wholly owned subsidiary of Williams Gas Pipeline Company, LLC. According to the order by FERC, the SECP is designed to supply energy to Mississippi and […]
Shale Law Weekly Review—Week of November 27, 2023
Oil and Gas Leasing: Alaska Court Rules in Favor of Willow Project, Permitting ConocoPhillip to Explore and Develop on the National Petroleum Reserve in Alaska ⚡
On November 9, 2023, the United States District Court for the District of Alaska upheld ConocoPhillips’s authorization to explore and develop oil on its leases in the National Petroleum Reserve in Alaska (NPR-A). Sovereign Iñupiat for a Living Arctic et al. v. Bureau of Land Management et al., No. 3:23-cv-00058-SLG (D. Alaska Nov. 9, 2023) (unpublished); see also U.S. Dep’t of the Interior, Bureau of Land Mgmt., Record of Decision for the […]
Shale Law Weekly Review—Week of November 20, 2023
Community Impacts: US Supreme Court Denies Motion to Stay Upcoming Coastal Erosion Case Against BP ⚡
On Tuesday, November 7, 2023, the United State Supreme Court denied an application for stay brought before the Court by BP America Production, Hilcorp Energy, and Shell Oil. BP America Production Company, et al., Applicants v. Parish of Cameron, Louisiana, et al. (No. 23A364.) The underlying lawsuit was filed by the Parish of Cameron back in 2013, seeking damages for the alleged destruction of Louisiana’s coastlines and waters by the activities of the defendant oil and gas companies. More specifically, Plaintiffs seek […]
Shale Law Weekly Review—Week of November 13, 2023
GHG Emissions: PA Commonwealth Court Finds State Membership in Carbon Emissions Trading Alliance Illegal ⚡
On Wednesday, November 1, 2023, the Commonwealth Court of Pennsylvania granted a request for declaratory and injunctive relief filed by numerous private companies and individuals in the fossil fuel industry acting as petitioners in a lawsuit against the Pennsylvania Department of Environmental Protection (DEP). Bowfin Keycon Holdings, LLC v. Pennsylvania Department of Environmental Protection (No. 247 M.D. 2022.) The original petition for declaratory and injunctive relief was brought against the DEP for its allegedly illegal participation in a carbon emissions trading alliance known as the […]
Shale Law Weekly Review—Week of November 6, 2023
Oil & Gas Leasing: Alaska Challenges DOI’s Cancellation of Leases in Alaska National Wildlife Refuge ⚡
On October 18, 2023, the Alaska Industrial Development and Export Authority (ADIEA), a public corporation owned by the State of Alaska, sued DOI for cancelling its leases in the Alaska National Wildlife Refuge (ANWR). Alaska Indus. Dev. & Export Auth. v. U.S. Dep’t of the Interior, No. 1:23-cv-03126 (D.D.C. Oct. 18, 2023). The leases were initially suspended by the Department of the Interior (DOI) in 2021, and later cancelled on September 16, 2023. ADIEA seeks to overturn the DOI’s decision to cancel […]
Shale Law Weekly Review—Week of October 30, 2023
Pipelines: 4th Circuit Court of Appeals Rules that Maryland Cannot Refuse Pipeline Construction on State Land ⚡
On Wednesday, October 11, 2023, the 4th Circuit Court of Appeals affirmed the district court’s decision to dismiss the State of Maryland’s case against Columbia Gas Transmission, LLC. Columbia Gas Transmission, LLC v. 0.12 Acres of Land, More or Less, in Washington, (No. 23-1069). The lower court held that Maryland cannot assert sovereign immunity as grounds to refuse a conveyance of land for the construction of a pipeline. The district court found that, based on the binding precedent in PennEast Pipeline Co. […]
Shale Law Weekly Review—Week of October 23, 2023
Infrastructure: DOE Announces Phase 1 Award Winners in Buildings UP Program ⚡
On October 11, 2023, the Department of Energy (DOE) Office of Energy Efficient and Renewable Energy (EERE) announced $22 million in awards through its Buildings Upgrade Prize (Buildings UP). The Building Up program awards groups developing building upgrades focusing on energy efficiency and greenhouse gas reduction, among other goals. These most recent awards were distributed under Building Up Phase 1 which identified groups, governments, and businesses developing “building energy upgrades.” Phase 1 winners were designated to either Equity-Centered Innovation or Open Innovation groups and will move on […]
