Monday, September 18, 2017

Shale Law Weekly Review - September 18, 2017

Written by Jacqueline Schweichler - Education Programs Coordinator

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

Public Lands: Penn Hills Changes Vote to Allow For Seismic Testing
On September 11, 2017, the Penn Hills Council (Council) voted to allow for seismic testing on municipal property. According to TribLive, Council voted against allowing Geokinetics USA to perform the seismic testing in July.  Geokinetics USA, a seismic testing service, was to perform testing on over 30 different Penn Hills properties. The article states that Council only changed their vote after an energy law firm sent a letter explaining that refusal to allow for testing would result in a lawsuit that Council would likely lose.

Public Lands: Environmental Organizations File Lawsuit Against Bureau of Land Management
On September 11, 2017, the Center for Biological Diversity (CBD) and the Sierra Club filed a lawsuit against the Bureau of Land Management (BLM). According to a CBD press release, the lawsuit challenges BLM’s action in June that opened almost 200,000 acres of public land to fossil fuel development. CBD argues that leasing these public lands in Nevada “risks polluting the region’s air, water and soil with toxic chemicals while fueling the global climate crisis.”

Air Quality: House Passes Amendment to Bill Prohibiting Funds for Methane Emissions Rule
On September 13, 2017, the U.S. House voted in favor of an amendment to H.R. 3354 which will prohibit the use of funds to enforce the methane emissions rule. The amendment was passed by a vote of 218 to 195.  The methane emissions rule, or Emissions Standards for New, Reconstructed, and Modified Sources, was published in June 2016. The methane emissions rule set standards for greenhouse gases and volatile organic compound emissions.

Water Quality: Delaware River Basin Commission Resolves to Prepare New Regulations
On September 13, 2017, the Delaware River Basin Commission (DRBC) adopted a resolution to prepare a set of draft regulations to address natural gas development activities within the Delaware River Basin. The draft regulations will include prohibitions on the production of natural gas by use of hydraulic fracturing. In addition, the new regulations will include “provisions for ensuring the safe and protective storage, treatment, disposal and/or discharge of wastewater within the Basin associated with horizontal drilling and hydraulic fracturing for the production of natural gas where permitted.” According to the DRBC press release, there will be opportunities for public input, including hearings and written comments. The governors of Pennsylvania, Delaware, and New York have voted in favor of the new resolution.

Pipelines: West Virginia Revokes Water Quality Certification for Mountain Valley Pipeline
On September 7, 2017, the Division of Water and Waste Management for the West Virginia Department of Environmental Protection (Department) revoked the Water Quality Certification issued to Mountain Valley Pipeline, LLC. Department explained in their letter that application is being revoked in order to “allow the agency to reevaluate the complete application to determine whether the State’s certification is in compliance with Section 401 of the federal Clean Water Act.” The Mountain Valley Pipeline project will carry natural gas from northwest West Virginia to Virginia.

Pipelines: Minnesota Recommends Against Enbridge Line 3 Pipeline Project
On September 11, 2017, the Minnesota Commerce Department (Department) issued a press release announcing their recommendation against the Enbridge Line 3 pipeline project. Department stated that Enbridge has not yet “established a need for the proposed project.” In addition, Department stated that the environmental and socioeconomic risks would outweigh the potential benefits to Minnesota. The Line 3 project will replace an existing 1,097 mile long pipeline that extends from Alberta, Canada to Wisconsin.

Air Quality: Utah Releases Draft Rules On Oil and Gas Emissions
On September 6, 2017, the Utah Air and Quality Board released draft rules for public comment on oil and gas emissions. The rule, Amend R307-403, Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas, supplements but does not replace current permitting requirements. The purpose of the change is to “improve the permitting, compliance, and emission inventory processes for oil and gas sources.”

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.

See our Global Shale Law Compendium and this week’s article, Shale Governance in Brazil.

Check out this week’s Shale Law in the Spotlight: Overview of Legal Developments on the Atlantic Sunrise Pipeline Project.

Stay informed with our monthly Agricultural Law Brief located here.


  1. Thank for updating us regarding Shale law weekly reviews.I m hoping to see some more public benefitted work in the gas pipeline field so that it could facilitate the majority of the country.

  2. I really like your article. It’s evident that you have a lot knowledge on this topic. Your points are well made and relatable. Thanks for writing engaging and interesting material. Online Assignment Help Global Assignment Help

  3. Great job for publishing such a beneficial web site. Your web log isn’t only useful but it is additionally really creative too. Dr. Gőz Péter ügyvéd Debrecen

  4. Hello I am so delighted I located your blog, I really located you by mistake, while I was watching on google for something else, Anyways I am here now and could just like to say thank for a tremendous post and a all round entertaining website. Please do keep up the great work.

  5. For many people this is important, so check out my profile:

  6. Interesting and amazing how your post is! It Is Useful and helpful for me That I like it very much, and I am looking forward to Hearing from your next.. longshore accident attorney

  7. We have sell some products of different custom is very useful and very low price please visits this site thanks and please share this post with your friends. criminal defense lawyer los angeles

  8. I went over this website and I believe you have a lot of wonderful information, saved to my bookmarks auto accident lawyer southern California

  9. Good post but I was wondering if you could write a litte more on this subject? I’d be very thankful if you could elaborate a little bit further. Appreciate it! real weed for sale

  10. It is truly a well-researched content and excellent wording. I got so engaged in this material that I couldn’t wait reading. I am impressed with your work and skill. Thanks. piccosalesbud legit

  11. I know I'm not alone because I've seen, heard or read about so many people that smoke weed and end up having negative effects from it. Obviously the benefits of quitting weed also include increased mental health, you will feel ten times better when you quit! buy weed online

  12. Hello we Can supply Aviation Kerosene, Jet fuel (JP 54-A1,5), Diesel (Gas Oil) and Fuel Oil D2, D6,ETC in FOB/Rotterdam only, serious buyer should contact or if you have serious buyers

    my seller is ready to close this deal fast contact us below: now base email us


    Russia D2 50,000-150,000 Metric Tons FOB Rotterdam Port.

    JP54 5000,000 Barrels per Month FOB Rotterdam.

    JA1 Jet Fuel 10,000,000 Barrels FOB Rotterdam.

    D6 Virgin Fuel Oil 800,000,000 Gallon FOB Rotterdam.

    Phone via WhatsApp/
    Call +79167856894

    Best Regards

  13. Medical marijuana Denver Colorado has been lawful since the year 2000 and just last year 2010, two new laws regarding the use of medicinal marijuana was passed. 420