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 June 26, 2023
Pipelines: Federal Judge Orders Natural Gas Company to Remove Pipeline from Tribal Land ⚡
On Friday, June 16, 2023, a federal judge in the Western District of Wisconsin issued an order in the case of Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation v. Enbridge Energy Company, Inc., finding for the plaintiff tribe. The tribe had brought suit against Enbridge, which owns and operates a pipeline that crosses 12 parcels of tribal land, on July 23, 2019, alleging that the pipeline is at risk of erosion and rupture due to erosion of […]
Shale Law Weekly Review—Week of June 19, 2023
State Regulation: PA District Court Finds NGA Does Not Preempt State Administrative Review of Environmental Permits ⚡
On Monday, June 5, 2023, the District Court for the Middle District of Pennsylvania filed a memorandum opinion in the case of Transcon. Gas Pipe Line Co., LLC v. Pa. Env’t Hearing Bd. denying Plaintiff Transcontinental Gas Pipe Line Company, LLC’s (Transco) motion to enjoin an appeal proceeding before the Pennsylvania Environmental Hearing Board (PAEHB). The Federal Energy Regulatory Commission (FERC) had issued a Certificate Order for Transco’s construction and operation of a pipeline expansion project, provided Transco obtained certain federal authorizations. One […]
Shale Law Weekly Review—Week of June 12, 2023
Municipal Regulation: Berkeley Petitions for Rehearing of Ninth Circuit’s Decision Striking Down Natural Gas Piping Prohibition ⚡
On May 31, 2023, the City of Berkeley, California, filed a petition requesting a rehearing en banc after an April 17th opinion in which the Ninth Circuit Court of Appeals found that a city may not ban the installation of natural gas equipment in new buildings. Berkeley had implemented an ordinance banning natural gas infrastructure in newly constructed buildings claiming that the ordinance would reduce environmental and health hazards associated with natural gas consumption. The California Restaurant Association (CRA) sued, arguing that […]
Shale Law Weekly Review—Week of May 29, 2023
State Regulation: Pennsylvania Public Utility Commission Proposes Amendments to Low-Income Usage Reduction Program Regulations ⚡
On Thursday, May 18, 2023, the Pennsylvania Public Utility Commission (PUC) adopted a Notice of Proposed Rulemaking proposing amendments to the Low-Income Usage Reduction Program (LIURP) regulations. LIURP regulations apply to natural gas distribution companies and electric distribution companies that are “covered” as per 52 Pa. Code § 58.2 and require them to provide energy conservation services to low-income households in the state. The LIURP regulations were first passed in 1988 and last amended in 1998. In 2016, the PUC published a Secretarial Letter […]
Shale Law Weekly Review—Week of May 22, 2023
Air Quality: The EPA Announces Proposed Standards for Carbon Emissions from Fuel Fired Power Plants ⚡
On Thursday, May 11, 2023, the U.S. Environmental Protection Agency (EPA) announced a proposed rule which would impose new standards for carbon emissions for coal and natural gas power plants. The EPA is proposing these new standards under the Clean Air Act, providing “emission limits and guidelines for carbon dioxide (CO2) from fossil fuel-fired power plants.” The proposed standards and guidelines are aimed to enhance public health by helping to reduce particulate matter and other harmful air pollutants. The EPA will be opening […]
Shale Law Weekly Review—Week of May 15, 2023
Pipelines: DOT Proposes New Pipeline Leak Detection Rules ⚡
On Friday, May 5, 2023, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration proposed a new rule aimed at improving the detection and repair of leaks from old gas pipelines. The rule will take advantage of the $196 million in grants that were provided on April 5, 2023, to create the necessary jobs to repair, replace, and rehabilitate over 2.7 million miles of pipelines. As explained in the most recent announcement, if the actions proposed in rule are finalized, an approximate $2.3 billion in annual benefits […]
Shale Law Weekly Review—Week of May 08, 2023
Pipelines: Supreme Court Reopens Landowner Eminent Domain Case Against Mountain Valley Pipeline ⚡
On Monday, April 24, 2023, the Supreme Court granted an appeal filed by six landowners in their case brought against the Federal Energy Regulatory Commission (FERC) for a statute that has allowed private companies, like Mountain Valley Pipeline LLC, to exercise eminent domain authority to construct pipelines across Virginia and West Virginia. Cletus Woodrow Bohon et al. v. Federal Energy Regulatory Commission et al., No. 22-256, The D.C. Circuit originally affirmed the district court’s dismissal of the suit, holding that, as required by the Natural […]
Shale Law Weekly Review—Week of May 01, 2023
LNG Infrastructure: FERC Approves Two LNG Projects in Brownsville, Texas ⚡
On Friday, April 21, 2023, the Federal Energy Regulatory Commission (FERC) authorized the construction and operation of two major liquid natural gas projects proposed by LNG companies in Brownsville, Texas. In their first order, FERC found the LNG project proposed by Rio Grande LNG to be consistent with the public interest and in compliance with the commission’s analysis of environmental justice impact. Similarly, in their second order, FERC found that the project proposed by Texas LNG, after taking into account the social cost of carbon and the potential […]
Shale Law Weekly Review—Week of April 24, 2023
GHG Emissions: EPA Announces New Standards with Vehicle Emissions Reduction Goals ⚡
On Wednesday, April 12, 2023, the Environmental Protection Agency (EPA) announced new emissions standards for light-duty and medium-duty vehicles manufactured from 2027 to 2032. As proposed, these standards would become increasingly stringent across the six-year period, both for light- and medium-duty vehicles. The new standards also include revisions to other programs concerned with greenhouse gas emissions (GHG emissions), including carbon credits, zero-emissions and hybrid vehicles, and other vehicle compliance measures. Emissions resulting from the refueling of incomplete medium-duty vehicles are also subject to new standards, as well as […]
Shale Law Weekly Review—Week of April 17, 2023
Pipelines: DOT Grants $196 Million for Pipeline Repair and Improvement Projects ⚡
On Wednesday, April 5, 2023, the Department of Transportation (DOT) and the Hazardous Material Safety Administration (PHMSA) announced $196 million in grants that will fund 37 projects across 19 states for the purpose of fixing old, leaky pipelines. The main goal of the projects is to improve public health and safety by cutting down on methane emissions from faulty gas pipes. The announcement emphasizes the job growth that will result from the grant, noting that hundreds of individuals from rural and urban communities will find employment repairing, replacing, […]
