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.
Federal Lands: BLM
Rescinds 2015 Hydraulic Fracturing Rule
On December 29, 2017,
the Bureau of Land Management (BLM) rescinded their 2015
hydraulic fracturing rule with a new rule entitled Hydraulic Fracturing on Federal and Indian Lands;
Rescission of a 2015 Rule. The 2015 rule included
requirements for oil and gas operators to obtain approval before conducting hydraulic
fracturing operations as well as various safety and environmental requirements.
BLM states that the rule is being rescinded because they believe “it imposes
administrative burdens and compliance costs that are not justified.”
Public Health: Energy In
Depth Releases Report on Health Impacts from Drilling
On December 12, 2017,
Energy In Depth released their commissioned report on mortality
rates in Pennsylvania in relation to Marcellus Shale development. The report
found that there was no identifiable impact on death rates attributable to
unconventional oil and gas development. The report examined the six counties in
Pennsylvania with the greatest number of Marcellus wells. The report is
entitled Health and Well-ness: Analysis of Key Public Health Indicators in
Six of the Most Heavily Drilled Marcellus Shale Counties in Pennsylvania.
Pipelines: FERC Approves
Additional Facility Construction Activity for Atlantic Sunrise Pipeline
On December 14, 2017,
the Federal Energy Regulatory Commission (FERC) granted Transcontinental Gas Pipe Line Company’s request to
construct additional facilities within Pennsylvania for the Atlantic Sunrise
Pipeline. The additional facilities include the Chapman Loop, the Unity Loop,
and the use of three contractor yards. The Atlantic Sunrise Pipeline project is a 183 mile pipeline and includes facilities within five
states including Pennsylvania, Maryland, Virginia, North Carolina, and South
Carolina.
Pipelines: Nebraska
Commission Denies Motions for Reconsideration of Keystone XL Final Order
On December 19, 2017,
the Nebraska Public Service Commission (Commission) denied all motions
for reconsideration of their Final Order
regarding TransCanada’s Keystone XL pipeline. The Final Order issued last month
approved the Alternative Mainline Route and denied the Preferred Route for the
pipeline. The Commission stated that the Alternative Route would be in the
public interest because it would have a lesser impact on the environment and it
follows the Keystone 1 mainline route for a longer distance than the Preferred
Route. Various parties including TransCanada, the Sierra Club, and landowners
filed motions for reconsideration, and oral arguments were held December 12,
2017.
Pipelines: Virginia
Issues Water Quality Certification for Atlantic Coast Pipeline
On December 12, 2017,
the Virginia State Water Control Board issued a 401 Water
Quality Certification for the Atlantic Coast Pipeline project. The certification establishes additional conditions
for construction and operation activities located in upland areas near state
waters. The Atlantic Coast Pipeline is approximately 605 miles in length. and
will transport up to 1.5 MMDth/d of natural gas from the Appalachian region in
West Virginia to Virginia and North Carolina.
Electricity Generation:
Ohio Power Board Approves Application for Electric Generation Facility
On December 7, 2017, the
Ohio Power Siting Board (Board) approved an application filed by Clean Energy Future-Oregon, LLC (Clean Energy) for the
construction of an electric generation facility in Oregon, Ohio. The Board
found that Clean Energy’s proposal meets certification requirements and will
issue a certificate, but the Board also imposed 23 additional environmental and
regulatory conditions. The facility is a 955 megawatt gas-fired, combined cycle
power facility with natural gas fired combustion turbines. Clean Energy
proposes to begin construction in January 2018 and to begin operation by June
2020.
LNG Exports: Researchers
Examine Impact of LNG Exports on Climate
On December 15, 2017,
researchers from Washington D.C., the United Kingdom, and Denmark, published a
study in the journal, Energy, regarding the effect liquefied natural gas
exports (LNG) will have on the climate. The study analyzes U.S. exports of LNG
to the four largest LNG importers, which includes China, Japan, India, and
South Korea. The researchers examined greenhouse gas emissions from leakage,
energy demand growth, and export-driven changes in emissions. The study
concludes that “exporting LNG is likely to increase global greenhouse gas
emissions.” The study is entitled, US Liquefied Natural Gas Exports: Boom or Bust for the
Global Climate?.
Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive ShaleLaw HotLinks
"The world's largest oil and gas companies are
getting greener after fighting with shareholders for months" - Business Insider
"EQT to Spend Additional $2.2B in New Shale Wells" - The Intelligencer
"Pa. bill makes it harder to terminate expired
leases" - Shale Gas Reporter
"Eclipse to buy Pa. Utica shale assets" -Shale Gas Reporter
"Continuing The Work Of Reducing Emissions" - Breaking Energy
"Marcellus Shale Coalition president has 'cautious
optimism' for 2018" - Pittsburgh
Business Times
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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, Shale Law Governance in Pennsylvania - Legislation from
2013 to 2016.
Check out this week’s
Shale Law in the Spotlight: Natural Gas Severance Taxes in the United States (Texas,
Oklahoma, Louisiana, and Wyoming)
Stay informed with our monthly Agricultural Law Brief located here.
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