The following information is an update of recent local, state, national, and international legal developments relevant to shale gas:
Pennsylvania
Commonwealth Court Dismisses Climate Case
On July 26, 2015, the
Commonwealth Court of Pennsylvania dismissed a case in which young
petitioners sought a writ of mandamus to force the development of a
comprehensive plan to reduce greenhouse gas emissions. While the court found
that there were no jurisdictional or standing issues, it concluded that
mandamus would not lie because the petitioners had no clear right to what they
requested and that there would be no purpose to grant the petitioners’
requested declaratory relief.
States and Industry
Groups Challenge Methane Rule
On August 2, 2016, fourteen states and
state agencies and numerous industry groups have joined with Texas and North Dakota in
challenging the EPA’s new methane emissions standards. According to a news release issued
by the Environmental Defense Fund (EDF) on August 2, 2016, there is widespread
support for the methane rule among the public. Peter Zalzal, the EDF’s Lead
Attorney, stated that the EDF would be “
vigorously defending [the standards] in court.”
Bureau of Land
Management Moves Permitting Process Completely to the Internet
On July 28, 2016, BLM announced that
e-filing will be the new default for filing drilling permit applications. The
new system should reduce processing times and make the permit application
process more efficient overall. There are, however, circumstances in which a
waiver may be granted so that operators can file hard copies rather than
e-filing.
Standing Rock Sioux
Tribe Challenges Pipeline Permitting Process
In a complaint filed July
27, 2016, the Standing Rock Sioux Tribe claimed that the Dakota Access Pipeline
would be harmful to important tribal landmarks, the environment, and the
Tribe’s economy. The Tribe contends that the the authorized pipeline does not
comply with the Clean Water Act, the National Historic Preservation Act, or the
National Environmental Policy Act and seeks to have the authorization revoked
pending compliance.
PHMSA Recommends $1.6
Million in Fines for Compression Station Explosion
In an order dated July 29,
2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
concluded that the Transcontinental Pipeline Company should be fined $1.6
million for a 2015 Louisiana gas plant explosion in which four people died.
These fines are based on five probable violations found during an investigation
of the explosion. The violations include inadequate notice of the incident, a
lack of preventative measures for accidental ignition, inadequate training and
oversight, failure of the operator to follow its Operator Qualification
Plan, and failure of the operator to develop a purge plan.
New NEPA Guidance Issued
On August 1, 2016, the
Council on Environmental Quality (CEQ) issued new National Environmental Policy
Act (NEPA) guidance. The
guidance aims to improve consideration of the climate change results of
proposed actions.
Office of Natural
Resources Revenue Releases Civil Penalty Regulations
On August 1, 2016, the
Office of Natural Resources Revenue released a final rule on Civil
Penalty Regulations. The rule extends penalties to solid mineral and geothermal
lessees. While the rule has no royalty impacts and industry should not see
significant new administrative costs, industry could face some increased
penalties.
The Center for
Biological Diversity Sues to Protect Aquifer
On
August 3, 2016, the Center for Biological Diversity filed a lawsuit claiming
that the Arroyo Grande Aquifer did not meet aquifer exemption criteria. Aquifer
exemptions allow underground injection of wastewater near the exempted aquifer.
According to the Center for Biological Diversity, the Arroyo Grande Aquifer
doesn’t meet the requirements because, among other reasons, it was not demonstrated
that the aquifer was no longer usable for drinking water or other “beneficial
purposes.”
Written by Chelsea Wilson and Jessica Deyoe - Research Assistants
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