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.
Pipelines: West Virginia
DEP Announces Public Hearings for Atlantic Coast Pipeline
On December 6, 2017, the
West Virginia Department of Environmental Protection (WVDEP) announced in a news
release that they will hold two public hearings for the Atlantic Coast
Pipeline’s requested construction stormwater permit. The permit will give WVDEP
inspection and enforcement authority over the pipeline project. In addition,
WVDEP announced that they have waived 401 Water Quality certification. The news release states that the environmental
requirements in a 401 certification are highly similar to U.S. Army Corps of
Engineers Nationwide permit.
Pipelines: Landowners
File Answer and Motion to Dismiss in Mountain Valley Pipeline Lawsuit
On December 4, 2017,
landowners involved in a eminent domain lawsuit against the Mountain Valley
Pipeline (MVP) filed an answer to MVP’s
complaint as well as a motion to dismiss
the case (Mountain Valley Pipeline v. An Easement to Construct Operate and
Maintain a 42-Inch Gas Transmission Line, 2:17-cv-04214). The
landowners state that MVP lacks subject matter jurisdiction and has failed to
state a claim for which relief can be granted. MVP filed this eminent domain
lawsuit to gain easements for the construction of the pipeline after the
Federal Energy Regulatory Commission issued certificates of approval in
October. According to the landowners, these certificates are only conditional,
and therefore MVP must acquire additional certificates before they can use
eminent domain to acquire the necessary easements.
Pipelines: Court Orders
Interim Conditions for Dakota Access Pipeline
On December 4, 2017, the
U.S. District Court for the District of Columbia issued a Memorandum Opinion
ordering several interim conditions for the Dakota Access Pipeline (Standing Rock Sioux Tribe v. U.S. Army Corps for Eng’rs, No. 16-1534). The
court stated the purpose of the conditions is provide the court with necessary
and up-to-date information regarding the operation of the pipeline.
Specifically, the court orders that the Army Corps of Engineers, Dakota Access LLC,
and Standing Rock must coordinate to finalize spill response plans at Lake
Oahe. The court also orders that Dakota Access select an independent
third-party auditor, in consultation with Standing Rock, to ensure the pipeline
operator’s regulatory compliance. Lastly, the court is requiring Dakota Access
to file bi-monthly status reports on any pipeline repairs or incidents.
Water Quality: Draft
Rule Prohibits Hydraulic Fracturing in Delaware River Basin
On November 30, 2017, the Delaware River Basin Commission released a draft of their proposed new rule (18 CFR Part 440) which will ban hydraulic fracturing within the Delaware River Basin (DRB). The rule states that high volume hydraulic fracturing creates significant and immediate risks to the conservation and management of the water resources within the DRB. The rule also contains policy provisions that discourage the use of water from the DRB for hydraulic fracturing purposes. Additionally, the rule discourages the importation of wastewater from hydraulic fracturing.
On November 30, 2017, the Delaware River Basin Commission released a draft of their proposed new rule (18 CFR Part 440) which will ban hydraulic fracturing within the Delaware River Basin (DRB). The rule states that high volume hydraulic fracturing creates significant and immediate risks to the conservation and management of the water resources within the DRB. The rule also contains policy provisions that discourage the use of water from the DRB for hydraulic fracturing purposes. Additionally, the rule discourages the importation of wastewater from hydraulic fracturing.
Methane Emissions: BLM
Releases Final Rule Suspending Methane Emission Requirements for Natural Gas
Production
On December 8, 2017, the
Bureau of Land Management (BLM) released a final rule that will suspend certain requirements within the Waste Prevention, Production Subject to Royalties, and
Resource Conservation rule. The
purpose of the original regulation was to reduce natural gas waste from
venting, flaring, and leaks from oil and natural gas production. Several
sections of the regulation are being suspended by the BLM out of concern for
cost, feasibility, and statutory authority. The new final rule will become
effective January 8, 2018.
Production and Operation:
EIA Report Shows Increase in Natural Gas Production in Appalachia
On December 4, 2017, the
U.S. Energy Information Administration (EIA) released a report showing a
rapid increase in natural gas production within the Appalachian region from
2012. The EIA report states that since 2012, the Marcellus and Utica shale
plays have increased natural gas production by more than 14 Bcf/d. EIA
attributes part of the production increase to efficiency improvements including
faster drilling, longer laterals, better well targeting, and technological
advances.
Methane Emissions: Oil
and Gas Producers Launch Environmental Partnership
On December 5, 2017, 26
natural gas and oil producers in the U.S. launched the Environmental Partnership, according to Energy API. The
purpose of the partnership is to encourage environmental improvements in oil
and gas operations across the country. The partnership will focus on reducing
methane and volatile organic compound emissions by closely monitoring
emissions, minimizing emissions from manual liquid removal at wells, and
replacing high-bleed pneumatic controllers. Some of the participants in the
partnership include Chesapeake Energy, BP, Chevron, Shell, Encana, and Anadarko.
Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive ShaleLaw HotLinks
"DEP releases final methane permits for shale gas
sites" - Pittsburgh Post-Gazette
"Dacono implements 6-month oil and gas
moratorium" - Times Call
"N.J. environmentalists use new legal strategy to
fight pipelines" - NJ
Real-Time News
"Oil, Gas Industry To Rejuvenate ‘Cleantech’
Perception" - Hart Energy
"Judge doubles fracking workers' award in overtime
case" - Pittsburgh
Post-Gazette
"ECA Parts With Marcellus Shale, Staff In
Private-Equity Deal" - Oil and Gas
Investor
"Alberta to help industries cut emissions" - OGJ online
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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, Natural Gas Severance Taxes in the United States (PA, OH,
WV).
Check out this week’s
Shale Law in the Spotlight: UPDATE - Dakota Access Pipeline and its Current Legal
Developments
Stay informed with our monthly Agricultural Law Brief located here.
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