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 September 11, 2023
LNG Infrastructure: The Department of Transportation Suspends LNG Rail Transportation ⚡
On September 1, 2023, the U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) published a rule in the Federal Register suspending a previously published final rule that allowed for the transportation of liquified natural gas (LNG) by rail cars. The PHSMA’s stated purpose is to conduct a review of the Hazardous Materials Regulation’s (HMR) procedures for managing LNG rail transportation to ensure safety and avoid potential risk. This suspension is temporary and will remain in effect until modifications are made to the current […]
Shale Law Weekly Review—Week of September 04, 2023
Landowner Royalties: Appeals Court Upholds 2016 Regulations on Oil and Gas Royalty Calculations for Federal and Tribal Lands ⚡
On August 25, 2023, the U.S. Tenth Circuit Court of Appeals filed its decision in a case brought by the American Petroleum Institute (API) against the Federal Government with respect to a set of 2016 amendments affecting how royalties for oil and gas production on federal lands are calculated. American Petroleum Institute v. United States Department of Interior et al, No. 21-8076 (10th Cir.). The amendments at issue included the adoption of a default variation method, the elimination of certain cost […]
Shale Law Weekly Review—Week of August 28, 2023
Crude Oil by Rail: The D.C. Appeals Court Halts Uinta Basin Railway Project Citing Defects in the Environmental Impact Statement Prepared by the Surface Transportation Board ⚡
On August 18, 2023, the U.S. Court of Appeals for the District of Columbia (the “Court”) issued an order vacating a final exemption order granted by the Surface Transportation Board (the “Board”) for the proposed Uinta Basin Railway project (“Railway”). Eagle County, Colorado v. Surface Transporation Board, No: 22-1019 (D.C. Cir. 2023). The potential Railway’s stated purpose is to provide an alternative method for firms to transport crude oil produced in the […]
Shale Law Weekly Review—Week of August 21, 2023
LNG Exports: Environmental Groups Petition Federal Appeals Court Over DOE Order Approving the Alaska LNG Project ⚡
On August 11, 2023, the Sierra Club and the Center for Biological Diversity filed a petition in the U.S. Court of Appeals for the District of Columbia Circuit seeking to reverse the Biden administration’s approval of Alaska LNG Project. The Department of Energy (DOE) approved the project in an order on April 13, 2023, and denied petitioners previous request for a rehearing. The environmental groups argue that the project, pursued by the state-owned Alaska Gasline Development Corp., would contribute to excessive […]
Shale Law Weekly Review—Week of August 14, 2023
Production and Operation: The Department of Transportation’s National Highway Traffic Safety Administration Announces New Fuel Economy Standards for Cars and Trucks ⚡
On July 28, 2023, the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has proposed updated fuel economy standards for passenger cars and light trucks. A 60-day public comment period will follow the proposal’s publication. The NHTSA’s suggested rule is intended to align with the Biden-Harris Administration’s commitment to reducing greenhouse gas emissions and air pollution, particularly in marginalized communities. It proposes various improvements, including a 2% annual fuel efficiency increase for cars and 4% […]
Shale Law Weekly Review—Week of August 7, 2023
Methane Emissions: White House Holds Methane Summit ⚡
On Wednesday, July 26, 2023, the White House released a fact sheet describing the White House Methane Summit, which was held that day. The Summit focused on strategies to reduce methane emissions and with a focus on methane leaks from the oil and gas industry. The fact sheet also announced the creation of a Cabinet-level White House Methane Task Force, which will aid in the implementation of the U.S. Methane Emissions Reduction Action Plan. The Summit examined the following topics: “Detecting Emissions Using Innovative Technology,” “Taking Common-Sense Actions to Mitigate Methane […]
Shale Law Weekly Review—Week of July 31, 2023
Oil and Gas Leasing: BLM Proposes Oil Drilling Royalty Rate Increase ⚡
On Monday, July 24, 2023, the Bureau of Land Management (BLM) proposed a rule that would raise royalty rates for oil drilling on public lands. According to the BLM, the proposed rule conveys the goals of the Inflation Reduction Act. The rule would increase the royalty rate from 12.5 percent to 16.7 percent. Additionally, the rule would set rental fees for oil and gas leases issued in the next ten years at $3/acre for years 1 and 2, $5/acre for years 3 through 8, and $15/acre year 9 […]
Shale Law Weekly Review—Week of July 24, 2023
State Regulation: PA Commonwealth Court Rules that PA DEP Does Not Have Jurisdiction to Review “Inaction” Under the Oil and Gas Act ⚡
On July 10, 2023, the Commonwealth Court of Pennsylvania found that, under Pennsylvania’s Oil and Gas Act, the inaction of the Pennsylvania Department of Environmental Protection (PA DEP) does not count as an “action” which the PA DEP has jurisdiction to review. Glahn v. Dep’t of Envtl. Prot. (Envtl. Hearing Bd.). This case was brought as an appeal from an order of PA DEP’s Environmental Hearing Board (EHB), which had granted PA DEP’s motion to dismiss. In […]
Shale Law Weekly Review—Week of July 17, 2023
National Energy Policy: DOE Announces $90 Million Intended to Update State and Local Building Energy Codes ⚡
On July 12, 2023, the United States Department of Energy (DOE) posted a press release announcing $90 million to help municipalities, states, tribes, and other partnering organizations implement updated building energy codes. The funding has been awarded to 27 projects in 26 states and the District of Columbia. Updated state and local building codes are projected to save Americans $138 billion on utility bills and reduce CO2 emissions by 900 million metric tons by 2040, according to the DOE’s impact analysis.
Air Quality: […]
Shale Law Weekly Review—Week of July 10, 2023
National Energy Policy: EPA Announces Final Rule on Renewable Fuel Standards ⚡
On June 21, 2023, the Environmental Protection Agency (EPA) announced the final rule on renewable fuel standards under the Renewable Fuel Standard (RFS) program. This rule establishes the applicable volumes and percentage standards for various types of renewable fuels for the years 2023 to 2025 under the Clean Air Act. According to the final rule, this includes “cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel.” This action also speaks to the judicial remand of the 2016 standard-setting rulemaking and introduces regulatory changes to the […]
