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 October 9, 2023
National Energy Policy: The White House Publishes Directive on the Social Cost of Greenhouse Gases in Guiding Executive Agency Decisions ⚡
On September 21, 2023, the White House published a fact sheet directing federal agencies to consider the Social Cost of Greenhouse Gases (SC-GHG) when making budgeting decisions, during procurement processes, and in National Environmental Policy Act (NEPA) related environmental reviews. The fact sheet noted that these directives stem from recommendations made by an Interagency Working Group (IWG) charged with analyzing the impacts of SC-GHG pursuant to Executive Order 13990. According to the directive, accounting for the SC-GHG […]
Shale Law Weekly Review—Week of October 2, 2023
Oil and Gas Leasing: Louisiana District Court Orders BOEM to Hold Offshore Lease Sale Without Additional Protections for Endangered Whales ⚡
On Thursday, September 21, 2023, the West District Court of Louisiana granted a Motion for Preliminary Injunction filed by the state of Louisiana and three oil companies in their lawsuit against the government and several environmental justice groups. The suit arose after the Bureau of Ocean Energy Management (BOEM) withdrew six million acres from Lease Sale 261, a proposed lease on the Outer Continental Shelf in the Gulf of Mexico, and restricted “vessel activity in the lease area” to […]
Shale Law Weekly Review—Week of September 25, 2023
GHG Emissions: California Senate Passes New Emissions Disclosure Requirements for Billion-Dollar Businesses ⚡
On September 11, 2023, the California Senate approved Senate Bill 253, which will require all private and public companies operating in California with a total revenue of $1 billion or more to comply with new disclosure requirements that reflect the emissions disclosure standards outlined in the Greenhouse Gas Protocol (GHG Protocol). SB-253 seeks to enforce the “globally recognized GHG accounting and reporting standards” of the GHG Protocol, a system of guidance developed by the World Resources Institute and the World Business Council for Sustainable Development. Beginning in […]
Shale Law Weekly Review—Week of September 18, 2023
Oil and Gas Leasing: DOI Cancels Oil and Gas Leases in the Arctic National Wildlife Refuge ⚡
On September 6, 2023, the U.S. Department of the Interior announced it is cancelling oil and gas leases in the Arctic National Wildlife Refuge (ANWR) that were originally issued in a 2021 lease sale. See “Notice of 2021 Coastal Plain Alaska Oil and Gas Lease Sale and Notice of Availability of the Detailed Statement of Sale, 85 Fed. Reg. 78,865 (Dec. 7, 2020).” The leases encompassed over 430,000 acres, divided into nine tracts. Pursuant to this announcement, the Bureau of Land Management […]
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 […]
