Monday, April 15, 2019

Shale Law Weekly Review - April 15, 2019


Written by:
Brennan Weintraub - Research Assistant
Jackie Schweichler - Staff Attorney

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

National Energy Policy: President Trump Issues Executive Orders Related to Oil and Gas Industry
On April 10, 2019, President Trump issued two executive orders related to the national regulation of the oil and gas industry. The first, Executive Order on Promoting Energy Infrastructure and Economic Growth, alters federal regulations to allow liquefied natural gas to be transported in rail tank cars. This order also requires the EPA Administrator to change federal guidance related to water quality certifications under §401 of the Clean Water Act. The second, Order on the Issuance of Permits with Respect to Facilities and Land Transportation Crossings at the International Boundaries of the United States, requires the Secretary of State to adopt new procedures reducing the time required for cross-border infrastructure permit approval to sixty days.  This executive order will affect facilities used for the exportation or importation of all products to or from a foreign country, including pipelines.

Public Lands: U.S. Court of Appeals Dismisses Waste Prevention Rule Lawsuit
On April 9, 2019, the U.S. Court of Appeals for the Tenth Circuit issued an order dismissing as moot a lawsuit brought by several states and members of the oil and gas industry challenging the Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule (State of Wyoming v. United States Department of the Interior, Nos. 18-8207 and 18-8209) (p.10). The rule placed limits on venting and flaring of natural gas wells and imposed reporting requirements on operators.  The rule was substantially altered by a new version of the rule issued by the Bureau of Land Management in September of 2018 (p. 3-4). The lower court had enjoined portions of the original Waste Prevention Rule, but this court vacated that decision and dismissed the appeals as moot (p.8-10).

Pipelines: Pinelands Commission Delays Vote to Revoke South Jersey Gas Project Approval
On April 12, 2019, the New Jersey Pinelands Commission (Commission) voted to delay acting on a resolution which would revoke permission for the building of a natural gas line in the Pinelands National Reserve.  The project is designed as a 22-mile and 24-inch natural gas pipeline which was intended to repower the BL England electrical generation plant (BLE plant).  In February of 2019, the operator of the BLE plant decided not to repower the plant with natural gas. As a result, the Commission prepared a resolution which would revoke permission for the project, because the project would no longer “serve only the needs of the Pinelands.” Upon receipt of a letter from South Jersey Gas, the Commission decided to delay action in order to provide the New Jersey Attorney General time to review the new information.

State/Territorial Regulation: Puerto Rico Sets Renewable Energy Standards
On April 11, 2019, Puerto Rico Governor Ricardo Rossell√≥ Nevares signed a new Public Energy Policy Law which will compel a decrease in the territory’s use of fossil fuels.  According to the press release, the purpose of the new law is to modernize the energy grid with new technology and renewable energy.  The law includes a plan to eliminate 20 percent of fossil fuel use by 2022 and 60 percent by 2040. Under the plan, Puerto Rico will aim to rely on 100 percent renewable energy by 2050.  Since 2015, Hawaii, California, and New Mexico have issued similar renewable energy bills.

From the National Oil & Gas Law Experts:
George Bibikos, At the Well Weekly, (April 12, 2019)


John McFarland, The Law of Hydraulic Fracturing, (April 9, 2019)

Pennsylvania Legislation:
HB 1151: makes appropriations from the Oil and Gas Lease Fund to the Department of Conservation and Natural Resources (Referred to Appropriations - April 8, 2019)

Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive ShaleLaw HotLinks:

Connect with us on Facebook! Every week we will post the CASL Ledger which details all our publications and activities from the week.

Want to get updates, but prefer to listen? Check out the Shale Law Podcast! We can always be found on our Libsyn page, iTunes, Spotify, or Stitcher.


Check the March Agricultural Law Brief! Each month we compile the biggest legal developments in agriculture. If you’d like to receive this update via email, check out our website and subscribe!

Wednesday, April 10, 2019

Shale Law in the Spotlight – Celebrating the Publication of More than 100 Shale Law in the Spotlight articles!


The Center for Agricultural and Shale Law is pleased to announce that it has now published more than one hundred Shale Law in the Spotlight articles since the very first article was published in November 2016. The Shale Law in the Spotlight series is written by Chloe Marie – Research Specialist here at the Center – and provides a discussion of shale law developments from Pennsylvania, the United States and internationally.  Upon reaching this milestone, we thought that it was a good time to compile all of the articles with links so that each article can be easily accessed.

Below you will find the entire list of published articles in our Shale Law in the Spotlight series, organized by topic, as well as articles that have been published in our Global Shale Law Compendium series:

Air Quality / Methane Emissions:











Chemical Disclosure:


Crude Oil by Rail:


Delaware River Basin Commission:




Environmental Rights Amendment:


Frac Sand Use:


Induced Seismicity:








International Oil and Gas Development



















LNG Exports:




Municipal Regulation:




National Energy Policy:






Oil & Gas Ownership and Leasing:





Pipelines:





























Public Health:


Public Lands:
















Severance Tax / Impact Fee:










State Regulation:






















Wastewater Treatment / Disposal:




Water Quality / Water Use:











Wildlife Habitat:









This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.