Saturday, January 9, 2021

Shale Law Weekly Review - January 9, 2021

Written by: 
Jackie Schweichler – Staff Attorney
Sarah Straub – Research Assistant 

The following information is an update of recent local, state, national and international legal developments relevant to shale gas.

Pipelines: Ohio Legislature Advances Bill Imposing Criminal Penalties for Tampering with Pipeline Infrastructure 
On December 17, 2020, the Ohio House of Representatives passed Senate Bill 33 which contains measures modifying the criminal penalties that may be imposed on people who damage critical infrastructure.  The infrastructure to which this measure applies includes pipelines, petroleum refiners, gas processing plants, and freight facilities.  The bill provides property owners with the ability to bring a civil action and be awarded damages and attorney fees against individuals who damage infrastructure.  The bill also imposes criminal penalties for destroying or tampering with infrastructure by legislating that such activity is a felony the third degree.  Several days later, on December 22, 2020, the Ohio Senate concurred in amendments proposed by the House.

Public Lands: BLM Releases Record of Decision Permitting Drilling All Year Long in Converse County, Wyoming 
On December 23, 2020, the U.S. Bureau of Land Management (BLM) released a Record of Decision which will allow several oil and gas companies to drill throughout the year in Converse County, Wyoming.  BLM’s decision would allow drilling on 1.5 million acres year-round, eliminating the previous restriction on drilling between February 1 through July 31imposed by the 2007 Casper Field Office Resource Management Plan.  In its press release, BLM noted that the Record of Decision does not permit immediate drilling activities to begin.  Oil companies must still apply and be approved for the appropriate permits and reviews in order to begin drilling activity.  Documents relating to the Record of Decision, including the Environmental Impact Statement, can be viewed here

Pipelines: Petition for Review Filed Challenging FERC Orders on Mountain Valley Pipeline Project 
On December 22, 2020, several environmental groups filed a Petition for Review in the U.S. Court of Appeals for the District of Columbia Circuit asking the court to review four orders issued by the Federal Energy Regulatory Commission (FERC) concerning construction of the Mountain Valley Pipeline.  In the petition, the environmental groups ask the court to review FERC’s orders granting an extension of time to complete the project, partially lifting a stop work order and allowing construction of the pipeline to continue, and orders denying a request for rehearing and addressing arguments raised in the rehearing

Public Lands: Judge Expedites Hearing on Temporary Restraining Order and Preliminary Injunction for Oil Development in National Petroleum Reserve in Alaska 
On December 22, 2020, the U.S. District Court for the District of Alaska issued an order to expedite a hearing on the Sovereign Iñupiat for a Living Arctic's request for a temporary restraining order and preliminary injunction.  In its complaint, the Sovereign Iñupiat for a Living Arctic alleged that the Bureau of Land Management and the U.S. Fish and Wildlife Service’s decisions regarding the Willow Master Development Plan in the National Petroleum Reserve in Alaska violated the National Environmental Policy Act, the Federal Land Policy and Management Act, the Administrative Procedure Act, and stated that the biological opinion issued by the Fish and Wildlife Service was arbitrary and unlawful.  The court directed the Sovereign Iñupiat for a Living Arctic to file its motion by December 23, 2020 and the Bureau of Land Management and Conocophillips Alaska, Inc. to file its responses to the motion by January 15, 2021.  The court anticipates ruling on the temporary restraining order and preliminary injunction by February 1, 2021. 

Shale Law/Policy Resources of Interest: 
Charles Sartain, Contaminated Butane and Propane Creates Fight Over General Terms and Conditions (Dec. 22, 2020) 
John McFarland, After Five Years of Litigation, Texas Supreme Court Concludes that Lease’s Continuous Development Clause is Ambiguous (Dec. 21, 2020) 
Melinda Janki, Guyana: A First Step Towards Climate Litigation (Dec. 29, 2020). 

AGENCY PRESS RELEASES - STATE/FEDERAL

Pennsylvania Department of Environmental Protection:

DEP to Host Virtual Public Hearing on PennEast Pipeline Permit Applications for Phase 1 (Dec. 31, 2020)

United States Department of Energy: 

Department of Energy Issues Report on Management and Beneficial Reuse of Used Lubricating Oil (Dec. 23, 2020)

Department of Energy Releases Energy Storage Grand Challenge Roadmap (Dec. 21, 2020)

Department of Energy Extends Fourth Set of LNG Export Authorizations Through 2050 (Dec. 31, 2020)

United States Environmental Protection Agency: 

EPA Finalizes Ozone NAAQS, Retaining Current Standards (Dec. 23, 2020)

STATE ACTIONS - EXECUTIVE/LEGISLATIVE

Pennsylvania Executive Agencies—Actions and Notices (Pa. Bulletin Vol. 50, No. 51—Dec. 26, 2020 & Pa. Bulletin Vol. 50, No. 51—Jan. 2, 2020):

50 Pa.B. 7393 Pennsylvania Public Utility Commission “Natural Gas Service” (Dec. 26, 2020). 

51 Pa.B. 80 Department of Environmental Protection “Oil and Gas Technical Advisory Board Virtual Meeting Schedules for 2021” (Jan. 2, 2021). 

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

Federal Executive Agencies (Federal Register Dec. 21, 2020 – Jan. 1, 2021):

Environmental Protection Agency

85 FR 83553 Notice “EPA's Approval of Florida's Clean Water Act Section 404 Assumption Request” (Dec. 22, 2020). 

Bureau of Safety and ENvironmental Enforcement

85 FR 84230 Final direct rule—Comments Period “Oil and Gas and Sulfur Operations in the Outer Continental Shelf-Reaffirmation of Standard Editions Related to the Manual of Petroleum Measurement Standards” (Dec. 28, 2020). 

Energy Department 

85 FR 83935 Notice of application “Gulf LNG Liquefaction Company, LLC; Application to Amend Export Term Through December 31, 2050, for Existing Non-Free Trade Agreement Authorization” (Dec. 23, 2020). 

Federal Energy Regulatory Commission

85 FR 83071 Notice—Comments Period “New England Power Generators Association, Inc. v. ISO New England, Inc.; Notice of Complaint” (Dec. 21, 2020). 

85 FR 83073 Notice—Comments Period “Northern Natural Gas Company; Notice of Availability of the Environmental Assessment for the Proposed Northern Lights 2021 Expansion Project” (Dec. 21, 2020). 

85 FR 83072 Notice—Comments Period “National Grid LNG LLC; Notice of Request for Extension of Time” (Dec. 21, 2020). 

85 FR 83548 Notice—Comments Period “Stingray Pipeline Company, L.L.C.; Notice of Amendment to Application” (Dec. 22, 2020). 

85 FR 83541 Notice—Comments Period “Adelphia Gateway, LLC; Notice of Request Under Blanket Authorization and Establishing Intervention and Protest Deadline” (Dec. 22, 2020). 

85 FR 83552 Notice—Comments Period “Columbia Gas Transmission, LLC; Notice of Request Under Blanket Authorization” (Dec. 22, 2020). 

85 FR 83940 Notice—Comments Period “Actions Regarding the Commission's Policy on Price Index Formation and Transparency, and Indices Referenced in Natural Gas and Electric Tariffs” (Dec. 23, 2020). 

85 FR 84329 Notice—Comments Period “National Fuel Gas Supply Corporation; Notice of Request for Extension of Time” (Dec. 28, 2020). 

85 FR 85628 Notice “Rio Bravo Pipeline Company, LLC; Notice of Availability of the Environmental Assessment for the Proposed Rio Bravo Pipeline Project Amendment” (Dec. 29, 2020). 

85 FR 86552 Notice—Comments Period “Algonquin Gas Transmission, LLC; Notice of Application and Establishing Intervention Deadline” (Dec. 30, 2020). 

Land Management Bureau

85 FR 83102 Notice of information collection—Comments Period “Agency Information Collection Activities; Oil and Gas, or Geothermal Resources: Transfers and Assignments” (Dec. 21, 2020). 

Rural Utilities Service 

85 FR 83883 Notice of Availability of a Record of Decision “Financial Support for Transmission and Distribution Lines To Pump Stations 15, 16, 17, 18, and 19 in Connection With the TransCanada Keystone XL Pipeline” (Dec. 23, 2020). 

Maritime Administration 

85 FR 83142 Notice—Comments Period “Deepwater Port License Application: Texas GulfLink LLC; Extension of Draft Environmental Impact Statement Comment Period” (Dec. 21, 2020). 

Coast Guard 

85 FR 83448 Temporary final rule “Safety Zone; Pipeline Testing; Tampa Bay, Gibsonton, FL” (Dec. 22, 2020). 

House Energy and Commerce Committee Actions:

H.R. 9056 “To amend the Department of Energy Organization Act to secure the supply of critical energy resources, including critical minerals and other materials, and for other purposes.” Referred to House Committee on Energy and Commerce (Dec. 28, 2020). 

H.R. 9054 “To advance clean power technology development and use through innovation and clean energy standards, and for other purposes.” Referred to the Committee on Energy and Commerce (Dec. 28, 2020). 

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks Dec. 21, 2020-Jan. 1, 2021: 
State Pipeline Regulators Reach Deal With Energy Transfer For Pipeline Blast” Pittsburgh Post-Gazette 
Onshore US Operators to Report Flaring Data” Rigzone 
New Mexico Land Boss Ends Fresh Water Sales For Oil And Gas” AP 
Where 5 Key Climate Cases Stand Ahead Of Supreme Court Brawl” ClimateWire  
LNG Surges to Six-Year High With Cold Snap In Importing Nations” BNN Bloomberg 

Connect with us on Facebook.  Every week we post the CASL Ledger detailing our publications and activities from the week. 

Tuesday, December 22, 2020

Shale Law Weekly Review - December 22, 2020

Written by: 
Jackie Schweichler – Staff Attorney
Sarah Straub – Research Assistant 

The following information is an update of recent local, state, national and international legal developments relevant to shale gas.

Pipelines: Maryland Board of Public Works Approves Wetlands License for Underground Pipeline Construction 
On December 2, 2020, the Maryland Board of Public Works unanimously voted to issue a Wetlands License to Eastern Shore Natural Gas Pipeline Company to construct and operate an underground pipeline spanning seven miles beneath South Prong Wicomico River.  In considering whether to issue the license, the Board had to determine the extent of the pipeline project’s impact on wetlands.  At the meeting, a representative of the Maryland Department of Environment recommended that the Board approve the license with certain conditions relating to drilling fluid pressure limits, erosion and sediment control, altering trees within the right-of-way of the pipeline, and requiring the pipeline company to contribute fees to the Maryland Wetlands and Waterways Program Fund.  Ultimately, the pipeline will primarily serve a correctional facility and the University of Maryland Eastern Shore in Somerset County, Maryland. 

LNG Exports: Delaware River Basin Commission Approves Construction of Wharf to Transport LNG 
On December 9, 2020, the Delaware River Basin Commission approved the Delaware River Partners, LLC’s application to construct a wharf to import and export commodities including liquified natural gas (LNG) from Pennsylvania.  In its approval, the Commission agreed with the recommendations of the hearing officer who presided over a hearing regarding the project in May.  The Commission determined that the project imposed sufficient protections to limit impacts on water quality and aquatic plants and animals.  The Commission also found that the project was consistent with the Comprehensive Plan and, therefore, will allow construction to begin. 

Public Lands: Utah District Judge Orders BLM to Revise Reasonable Alternative Analysis for Oil Leases in Uinta Basin
On December 10, 2020, the U.S. District Court for the District of Utah issued an order stating that the U.S. Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) in leasing public land for oil and gas exploration in the Uinta Basin in Utah.  (Rocky Mountain Wild, et al., v. David Bernhardt, Case No. 2:19-cv-00929-DBB-CMR).  The court found that BLM’s preparation of an Environmental Assessment was sufficiently thorough in examining the potential impacts of the leases, including examining air quality and greenhouse gas emissions.  The court also found that BLM met its statutory duty under the Federal Land Policy and Management Act to develop and revise land use plans in connection with the leasing project.  However, the court stated that BLM did not adequately explore alternatives to the leases.  As a result, the court ordered BLM to conduct and document a reasonable alternative analysis which complies with the requirements of NEPA. 

Production and Operation: Texas Court Orders Texas Railroad Commission to Stop Granting Exceptions to Environmental Regulations 
On December 10, 2020, a state court in Texas issued an injunction preventing the Texas Railroad Commission from granting exceptions to oil companies from certain environmental regulations.  Specifically, the ruling applies to requirements imposing obligations upon companies to cap unplugged wells, clean waste pits, store oil and gas underground in a salt dome, and contribute other fees aimed to protect the environment.  The lawsuit, brought by Public Citizen, Inc., against the Texas Railroad Commission stated that the Commission violated the Texas Open Meetings Act and the Administrative Procedure Act.  (Case No. D-1-GN-20-003795).  The court determined that the Texas Railroad Commission provided insufficient notice to the public regarding the environmental regulation exceptions and that no further exceptions could be granted by the Commission until the court considers the merits of the case or the Commission provides the appropriate notice.  The Texas Railroad Commission has appealed the court’s order. 

Pipelines: Forest Service Publishes Final Supplemental Environmental Impact Statement for Mountain Valley Pipeline Project
On December 11, 2020, the U.S. National Forest Service announced that a Final Supplemental Environmental Impact Statement (FSEIS) is available for public comment.  The FSEIS was prepared in accordance with the National Environmental Policy Act (NEPA) to consider the impact that the Mountain Valley Pipeline project may have on the 3.5-mile portion of the Jefferson National Forest in Virginia and West Virginia.  The core issues addressed in the FSEIS included a Forest Plan Amendment, the feasibility and practicality of routes for the pipeline which do not cross public forests, and erosion and sediment control.  Notice of the FSEIS’s availability was published in the Federal Register at 85 FR 80093 on December 11, 2020.  Public comments are due by January 11, 2021. 

Pipelines: FERC Permits Mountain Valley Pipeline to Continue Construction
On December 17, 2020, the Federal Energy Regulatory Commission (FERC) issued an order partially lifting stop work orders previously issued to the Mountain Valley Pipeline and permitting some construction activity on the project to resume.  The order allows the Mountain Valley Pipeline to restart construction in an area around the Jefferson National Forest which was formerly excluded from stop work orders lifted by FERC.  Following its review, FERC concluded that construction would not create sediment impacting waterways in the Jefferson National Forest.  In addition, FERC found that the proposed route is unlikely to change and allowing construction to continue would not limit actions from the Bureau of Land Management or the Forest Service.  One FERC Commissioner dissented, stating that the stop work order should not be lifted because of the litigation that has accompanied the pipeline project and the project’s need for additional permits to be issued.

From the National Oil & Gas Law Experts: 
Charles Sartain, Predicting the Effect of Biden’s Election on the Oil Industry and the Climate (Dec. 15, 2020). 

AGENCY PRESS RELEASES - STATE/FEDERAL

Pennsylvania Department of Environmental Protection: 

DEP Reaches Agreement with CrossAmerica Partners, LP to Address Fuel Storage Violations (Dec. 17, 2020)

United States Environmental Protection Agency: 

Crowley Fuels pays over $1 million for environmental, public safety violations in Alaska (Dec. 17, 2020)

EPA Announces Historic Approval of Florida’s Request to Administer the Clean Water Act Section 404 Program (Dec. 17, 2020)

WHAT THEY ARE SAYING: EPA Finalizes Benefit-Cost Analyses Procedures to Increase Consistency, Honest Accounting in Future Clean Air Act Rulemakings (Dec. 10, 2020)

STATE ACTIONS - EXECUTIVE/LEGISLATIVE

Pennsylvania Executive Agencies—Actions and Notices (Pa. Bulletin Vol. 50, No. 51—Dec. 19, 2020):

50 Pa.B. 7259, Pennsylvania Public Utility Commission “Application of Columbia Gas of Pennsylvania, Inc. for approval of the abandonment of natural gas service to one residential premise located in Centre County.” (Dec. 19, 2020).  

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

Federal Executive Agencies (Federal Register Dec. 14-18, 2020):

Environmental Protection Agency 

85 FR 80626 Final Rule “Hazardous and Solid Waste Management System: Disposal of CCR; A Holistic Approach to Closure Part B: Alternate Demonstration for Unlined Surface Impoundments; Correction” (Dec. 14, 2020). 

85 FR 82474 Notice “Environmental Impact Statements; Notice of Availability” (Dec. 18, 2020). 

Federal Energy Regulatory Commission 

85 FR 81196 Notice “Golden Pass Pipeline LLC; Notice of Schedule for the Preparation of an Environmental Assessment for the Compression Relocation and Modification Project” (Dec. 15, 2020). 

85 FR 81193 Notice “Spire Storage West, LLC; Notice of Schedule for the Preparation of an Environmental Assessment for the Clear Creek Expansion Project” (Dec. 15, 2020). 

85 FR 81196 Notice—Comments Period “Empire Pipeline, Inc.; Notice of Petition for Waiver” (Dec. 15, 2020). 

85 FR 81920 Notice “Northern Natural Gas Company; Notice of Availability of the Environmental Assessment for the Proposed 2021 Auburn A-Line Abandonment and Capacity Replacement Project” (Dec. 17, 2020). 

 Fish and Wildlife Service

85 FR 81952 Notice—Comments Period “Notice of Receipt of Right-of-Way Application for Natural Gas Pipeline Crossing San Bernard National Wildlife Refuge” (Dec. 17, 2020). 

Land Management Bureau 

85 FR 81485 Notice—Comments Period “Notice of Availability of the Coastal Plain Marsh Creek East Seismic Exploration Environmental Assessment” (Dec. 16, 2020).  

Pipeline and Hazardous Materials Safety Administration

85 FR 81440 Proposed rule—Comments Period “Pipeline Safety: Midstream Facilities Frequently Asked Questions” (Dec. 16, 2020). 

85 FR 82028 Notice—Comments Period “Pipeline Safety: Information Collection Activities” (Dec. 17, 2020). 

House Energy and Commerce Committee Actions:

H.R. 8995 “To require the Secretary of Energy to establish programs for carbon dioxide capture, transport, utilization, and storage, and for other purposes.” Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Energy and Commerce (Dec. 16, 2020). 

H.R. 5120 “SAFER Pipelines Act of 2019” Placed on Union Calendar (Dec. 17, 2020). 

H.R. 9036 “To amend title VI of the Public Utility Regulatory Policies Act of 1978 to establish a Federal renewable electricity standard for retail electricity suppliers and a Federal energy efficiency resource standard for retail electricity suppliers and retail natural gas suppliers, and for other purposes.” Referred to the House Committee on Energy and Commerce (Dec. 18, 2020).  

Senate Energy and Natural Resources Committee:

S. 5050 “A bill to amend the Farm Security and Rural Investment Act of 2002 to provide grants for deployment of renewable fuel infrastructure, and for other purposes.” Read twice and referred to the Committee on Energy and Natural Resources (Dec. 17, 2020). 

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks Dec. 14-18, 2020:
Enbridge Plans To Seek Dismissal Of Gov. Whitmer’s Order To Shut Down Line 5” MLive
PA’s Natural Gas Is Stranded from ‘High Risk’ Energy Regions Like New England” Delaware Valley Journal
Exxon Mobil, Under Pressure On Climate, Aims To Cut Emissions Intensity By 2025” Reuters
EU Agrees Its Green Transition Fund Will Not Support Natural Gas” Reuters 
New Mexico Land Boss Ends Fresh Water Sales For Oil And Gas” AP

Connect with us on Facebook.  Every week we post the CASL Ledger detailing our publications and activities from the week. 

Friday, December 18, 2020

Shale Law Weekly Review - December 18, 2020

Written by: 
Jackie Schweichler – Staff Attorney
Sarah Straub – Research Assistant 

The following information is an update of recent local, state, national and international legal developments relevant to shale gas.

LNG Exports: Department of Energy Issues Rule Modifying Requirements for Environmental Review on LNG Projects 
On December 4, 2020, the U.S. Energy Department published a final rule in the Federal Register (85 FR 78197) that would modify environmental reviews requirements for some liquified natural gas (LNG) projects under the National Environmental Policy Act (NEPA).  The new rule relieves the Department of Energy from having to conduct environmental reviews in connection with some aspects of exporting and importing LNG with non-Free Trade Agreement countries.  For example, the Department of Energy will no longer review potential environmental impacts stemming from construction and operation of new LNG export facilities and will no longer review authorization requests to import natural gas.  The new rule will take effect on January 4, 2021. 

Environmental Impact Studies: Ninth Circuit Invalidates BOEM Environmental Impact Study for Alaska Oil Drilling Project 
On December 7, 2020, a panel for the U.S. Court of Appeals for the Ninth Circuit issued an order holding that two federal agencies failed to fully consider the impact that oil drilling operations in the Beaufort Sea in Alaska would have on the environment and wildlife.  The court in Center for Biological Diversity v. Bernhardt, case number 18-73400, held that the Bureau of Ocean Energy Management (BOEM) violated the National Environmental Policy Act by failing to appropriately consider the potential emissions impacts from foreign oil consumption.  The court also rejected a U.S. Fish and Wildlife Service (FWS) biological opinion finding that the agency’s decision was inadequate in estimating harm to polar bears.  In addition, the court determined that FWS violated the Endangered Species Act by relying on “uncertain, nonbinding mitigation measures'' to create the biological opinion.  Lastly, because BOEM relied on the FWS biological opinion, the court found BOEM’s decision to approve Hillcorp Alaska, LLC’s Liberty Project to be arbitrary and capricious.  The court vacated the approval of the project and remanded the decision to the agency for an administrative review according to the court’s findings. 

LNG Exports: Delaware River Basin Commission Affirms Construction of LNG Export Facility 
On December 9, 2020, the Delaware River Basin Commission (Commission) affirmed its decision to approve construction of a marine logistics facility designed to transport bulk liquid products, including liquefied natural gas (LNG).  The facility, known as the Dock 2 project, is located at the Gibbstown Logistics Center in New Jersey.  After the project was initially approved in June 2019, the Delaware Riverkeeper Network submitted a request for a public hearing, primarily expressing concern for danger posed by inadvertent releases of LNG.  The Commission determined that environmental risks from LNG spills were improbable and that approval of the project would not interfere with the Commission’s Comprehensive Plan for the Delaware River Basin.  The decision was affirmed by Delaware, New Jersey, Pennsylvania, and the federal government, while New York abstained from the vote.

From the National Oil & Gas Law Experts: 
Chris Barronzzi, Ohio Supreme Court Holds That The Marketable Title Act And The Dormant Mineral Act Both Apply To Severed Oil And Gas Interests (Dec. 8, 2020) 
Charles Sartain, Texas NPRI Burdened with Post-Production Costs (Dec. 8, 2020) 
Charles Sartain, Discovery Rule Can’t Save a Louisiana Succession’s Untimely Claim (Dec. 10, 2020) 
Romany Webb, Could The Biden Administration Cancel Oil And Gas Leases In The Arctic National Wildlife Refuge? (Dec. 7, 2020)
Margaret Barry & Korey Silverman-Roati, December 2020 Updates To The Climate Case Charts (Dec. 11, 2020)

AGENCY PRESS RELEASES - STATE/FEDERAL

Pennsylvania Department of Environmental Protection: 

Pennsylvania Energy Development Authority Provides $1.7 Million in COVID-19 Restart Grants to 11 Clean Energy and Energy Efficiency Projects Statewide (Dec. 8, 2020)

United States Department of Energy Press Releases:

Department of Energy Extends Third Set of LNG Export Authorizations Through 2050 (Dec. 10, 2020)

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

Federal Executive Agencies (Federal Register Dec. 7- 11, 2020):

Bureau of Safety and Environmental Enforcement

85 FR 79266 Proposed Rule—Comments Period “Oil and Gas and Sulfur Operations on the Outer Continental Shelf-Revisions to the Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf” (Dec. 9, 2020). 

Environmental Protection Agency

85 FR 80093 Notice “Environmental Impact Statements; Notice of Availability” (Dec. 11, 2020). 

Energy Department

85 FR 78840 Notice of Application — Comments Period “Eagle LNG Partners Jacksonville II LLC; Application To Amend Export Term Through December 31, 2050, for Existing Non-Free Trade Agreement Authorization” (Dec. 7, 2020). 

85 FR 78842 Notice of Application — Comments Period “Eagle LNG Partners Jacksonville LLC; Application To Amend Export Term Through December 31, 2050, for Existing Non-Free Trade Agreement Authorization” (Dec. 7, 2020). 

85 FR 79003 Notice of Application—Comments Period “Vista Pacifico LNG, S.A.P.I. de C.V.; Application for Long-Term, Multi-Contract Authorization To Export Domestically Produced Natural Gas Through Mexico to Non-Free Trade Agreement Countries After Liquefaction to Liquefied Natural Gas” (Dec. 8, 2020). 

Energy Information Administration 

85 FR 79005 Notice and request for OMB review and comment “Agency Information Collection Extension” (Dec. 8, 2020). 

Office of Natural Resources Revenue

85 FR 80147 Notice “States' Decisions on Participating in Accounting and Auditing Relief for Federal Oil and Gas Marginal Properties” (Dec. 11, 2020). 

Fish and Wildlife Service 

85 FR 79082 Notice of receipt of application and proposed incidental harassment authorization; availability of draft environmental assessment—Comments Period “Marine Mammals; Incidental Take During Specified Activities; Proposed Incidental Harassment Authorization for Polar Bears in the Arctic National Wildlife Refuge, Alaska” (Dec. 8, 2020). 

Federal Energy Regulatory Commission 

85 FR 78849 Notice “Columbia Gulf Transmission, LLC; Notice of Schedule for the Preparation of an Environmental Assessment for the East Lateral Xpress Project” (Dec. 7, 2020). 

Land Management Bureau 

85 FR 78865 Notice of sale “Notice of 2021 Coastal Plain Alaska Oil and Gas Lease Sale and Notice of Availability of the Detailed Statement of Sale” (Dec. 7, 2020). 

Ocean Energy Management Bureau

85 FR 79266 Proposed Rule—Comments Period “Oil and Gas and Sulfur Operations on the Outer Continental Shelf-Revisions to the Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf” (Dec. 9, 2020). 

Pipeline and Hazardous Materials Safety Administration 

85 FR 78931 Notice—Comments Period “Pipeline Safety: Random Drug Testing Rate; Management Information System Reporting; and Obtaining Drug and Alcohol Management Information System Sign-In Information” (Dec. 7, 2020). 

85 FR 79074 Notice—Comments Period “Pipeline Safety: Request for Special Permit; Colorado Interstate Gas Company, L.L.C.” (Dec. 8, 2020). 

House Energy and Commerce Committee Actions:

H.R. 1426 “Timely Review of Infrastructure Act” Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. (Dec. 10, 2020). 

H.R. 8915 “To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide for the consideration of climate change, and for other purposes.” Referred to the Subcommittee on Water Resources and Environment. (Dec. 10, 2020). 

H.R. 8948 “To authorize the Administrator of the Environmental Protection Agency to enter into cooperative agreements with States to carry out grant programs to assist in remediation and relocation efforts relating to hazardous air pollution, and for other purposes.” Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, and Transportation and Infrastructure (Dec. 10, 2020). 

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks Dec. 7-11, 2020: 
Seattle Aims To Ban Fossil Fuel Heating Systems” Climatewire 
Minn. Regulators Deny Request To Delay Line 3 Oil Project” Energywire 
Federal Officials Hear Arguments On Enbridge Pipeline Tunnel” AP 
Permian Highway Start-Up Sending Natural Gas to Gulf Coast” Natural Gas Intelligence 
Federal Regulators Are Rewriting Environmental Rules So a Massive Pipeline Can Be Built” ProPublica

Connect with us on Facebook.  Every week we post the CASL Ledger detailing our publications and activities from the week.