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 26, 2024
Methane Emissions: DOE and EPA Announce Intent to Fund Methane Mitigation ⚡
On February 9, 2024, the Department of Energy (DOE) and the Environmental Protection Agency (EPA) announced their intent to make Inflation Reduction Act funds available for mitigating methane, a “super pollutant.” The Methane Emissions Reduction Program will seek to target the oil and natural gas supply chain by funding projects to reduce emissions at existing wells and assets, while also developing new mitigation technologies and measuring systems to aid in identifying and fixing methane leaks. These projects will include collaboration between the oil and gas sector and DOE […]
Shale Law Weekly Review—Week of February 19, 2024
Air Quality: EPA Bolsters Soot Pollution Standards Following Air Quality Concerns ⚡
On Tuesday, February 7, 2024, the Environmental Protection Agency (EPA) published a final rule with new Particulate Matter (PM) standards that were decided on after reconsidering the 2020 National Ambient Air Quality Standards (NAAQS). As stated in the document, the EPA has revised the NAAQS by decreasing the standard for fine particulate matter (PM2.5), otherwise known as soot, from 12 micrograms per cubic meter to 9 micrograms per cubic meter. The EPA explains that this newly lowered standard was agreed upon after reviewing extensive scientific research on the […]
Shale Law Weekly Review—Week of February 12, 2024
National Energy Policy: DOE Finalizes Efficiency Standards for Cooking Products ⚡
On January 29, 2024, pursuant to a Congressional directive, the Department of Energy (DOE) issued a direct final rule updating energy efficiency standards for residential cooking products. The DOE stated that these updates will reduce household utility costs over a period of thirty years by $1.6 billion, while preserving “consumer-desired features” and improving appliance performance. The updates echo the joint recommendation of a variety of interested parties, including appliance manufacturing, energy efficiency, and consumer advocacy groups. DOE states that most stove models on the market today already […]
Shale Law Weekly Review—Week of February 5, 2024
Oil and Gas Leasing: BOEM Publishes Final Procedures for Bid Adequacy in Lease Sales ⚡
On Monday, January 22, 2024, the Bureau of Ocean Energy Management (BOEM) published final revisions to the bid adequacy procedures for offshore oil and gas lease sales. The final procedures yielded no significant changes from the proposed revisions that were published and available for comment in the Federal Register in January 2023. BOEM states that these revisions will simplify bid adequacy determinations by eliminating steps in the existing process, including tract classification. This methodology update evaluates a tract’s fair market value and uses that to […]
Shale Law Weekly Review—Week of January 29, 2024
Methane Emissions: EPA Proposes New Rule Aimed at Methane Reductions in Oil and Gas Industry ⚡
On Friday, January 12, 2024, the Environmental Protection Agency (EPA) Press Office released a statement regarding a newly proposed EPA rule aimed at reducing “wasteful methane emissions from the oil and gas sector.” The purported purpose of these methane emission reduction measures is to “incentivize industry innovation” while also protecting the environment. The final rule, published on December 2, 2023, is focused on reducing air pollution from activities within the oil and gas industry, particularly those listed under the “Crude Oil and Natural […]
Shale Law Weekly Review—Week of January 22, 2024
Infrastructure: $625 Million in Grants Announced to Expand Electric Vehicle Charging Infrastructure ⚡
On January 11, 2024, the Department of Energy Office (DOE) of Energy Efficiency and Renewable Energy (EERE) announced $625 million in grants to expand the infrastructure of charging capabilities for electronic vehicles. These grants are provided through the Charging and Fueling Infrastructure (CFI) Discretionary Grant Program. The noted goal of this round of grants is to construct around “500,000 publicly available chargers by 2030.” The announced grants include $311 million awarded from the Federal Highway Administration to 36 community projects to bolster electric vehicle charging and hydrogen […]
Shale Law Weekly Review—Week of January 15, 2024
State Regulation: Ohio Governor Signs Legislation Limiting EV Regulations and Facilitating Funding for Natural Gas Projects ⚡
On December 28, 2023, the Governor of Ohio signed into law House Bill 201 (the “Bill”) which places limits on regulations of electric vehicles and provides natural gas companies with capabilities to fund future development projects. The Bill expressly prevents municipalities from enacting regulations based on a vehicle’s fuel source. Additionally, the Bill states that the EPA or any state agency is prevented from enacting the vehicle emissions standards recently enacted in California. For natural gas companies, the Bill states that “infrastructure […]
Shale Law Weekly Review—Week of January 8, 2024
Pipelines: Michigan Public Services Commission Approves Upgrades to Enbridge Energy LP’s Pipeline in the Straits of Mackinac ⚡
On December 1, 2023, the Michigan Public Services Commission (Commission) announced the approval of an application filed by Enbridge Energy LP to replace segments of their pipeline on the lakebed of the Straits of Mackinac with a single pipeline dug into a tunnel below the lakebed. The Commission noted that the project met a public need to provide customers with fuel by cost-effective and safe means and to preserve the lake’s ecology by avoiding other less safe transportation methods. The Commission also […]
Shale Law Weekly Review—Week of January 1, 2024
GHG Emissions: U.S. Treasury Provides New Guidance on Sustainable Aviation Fuel Credits ⚡
On December 13, 2023, the Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) published Notice 2024-6, which contains additional guidance on how to qualify for sustainable aviation fuel (SAF) tax credits defined under Section 40B of the Internal Revenue Code. According to Section 40B, to qualify for credit, a SAF must have a minimum reduction in lifecycle greenhouse gas emissions of at least fifty percent. Additionally, a supplemental credit in the amount of one cent per percent can be earned for each reduction […]
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 […]
