The following information is an update of recent, local, state, national, and international legal developments relevant to shale gas.
U.S. Energy Information
Administration Publishes Its Monthly Drilling Report
On September 12, 2016
the EIA released its Drilling Productivity Report which now includes an estimate of how many drilled but
uncompleted wells (DUC) exist in the major drilling zones. The Permian
shale play has the most DUCs with a total of 1,348 which is an increase of 38
uncompleted wells from July of this year. Meanwhile, the Eagle Ford follows
closely with 1,261 DUCs but the number of uncompleted wells has decreased by 36
wells since last month. As for production, the Permian Basin still leads in oil
production with 1,977 thousand barrels/day and the Marcellus play produced
12,806 million cubic feet/day of gas in September. The greatest change in
production for next month is predicted to be a 198 million cubic feet/day of
gas in the Eagle Ford region.
Native American Tribe in
Michigan Files Complaint to Block Oil Spill Settlement
In an objection filed
August 23, 2016 by the Grand Traverse Band of Ottawa and Chippewa Indians, they protest a settlement negotiated by the Department of Justice and Environmental
Protection Agency with Enbridge Inc. As reported by Inside Climate News,
the settlement would require the pipeline company, Enbridge, Inc., to pay
a fine for the 2010 oil spill in Michigan as well as invest over $100 million
in pipeline upgrades. The objection states that the tribes have a legally
protected interest under the 1836 Treaty Tribes cession. The plaintiffs demand
a tribal consultation as well as an extension of the comment deadline. The
case, U.S. v. Enbridge Energy, Limited Partnership, et al, was heard in
the U.S. District Court of the Western District of Michigan Southern Division.
PNAS Study Shows
Increase in Fossil Fuel Methane Emissions
A study published in
the journal “Proceedings of the National Academy of Sciences” on July 26, 2016
examines the rate of atmospheric methane growth during the past 30 years. The
researchers at Portland State University found that for the first 20 years
examined in the study the methane emissions remained stable. However, the
researchers noted a significant increase in methane emissions from fossil fuels
between 2000 and 2009. The study entitled “Atmospheric Methane Isotopic Record
Favors Fossil Sources Flat in 1980s and 1990s with Recent Increase” can be
found on the PNAS website.
Data from Colorado
University Study Will Be Used In Colorado Health Risk Assessment
The report, published on
September 15, 2016 by the Colorado State University examined air “emission
rates and dispersion of air toxics, ozone precursors, and greenhouse gases.”
The purpose of the study was to specifically quantify emission rates. The
researchers focused on methane, ethane, and VOC production from hydraulic
fracturing operations. They conducted 18 emission experiments and
found that generally, there were higher emissions during flowback procedures.
The Colorado Department of Public Health & Environment has announced they will
be using data from this study for their health-risk assessment that will
address health concerns related to oil and gas operations.
Ohio Supreme Court Rules
the Rejection of Ballot Measures Was Legal
In an opinion decided
September 13, 2016 the Ohio Supreme Court sided with the Athens County Board of
Elections’ decision to reject the Athens County committee’s petition to include
new ballot initiatives. As reported by EnergyWire,
the purpose of the proposed ballot measures was to give local governments
the ability to control oil and gas development. The Athens County committee
ballot measures were rejected by Ohio Secretary of State John Husted because
they “failed to alter the form of government, failed to vest powers from the
municipalities and townships with the county, and relied on the Revised Code to
determine the qualification sand salaries of elected officials” and the court
agreed. (State ex rel. Coover v. Husted)
International Energy
Agency Releases First World Energy Investment Report for 2016
The new report released
September 14, 2016 details the state of energy investment “across technologies,
sectors and regions.” The report puts total global energy investment from 2015
at $1.8 trillion which is an 8% decrease from 2014. The IEA suggests this is
due to less spending in oil and gas as well as a decrease in energy costs.
Despite the overall investment decrease, oil and gas still account for the
greatest investment at $583 billion.
Written by Jacqueline Schweichler - Education Programs Coordinator
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