Written by:
Jacqueline Schweichler - Education Programs Coordinator
Tori Wunder - Research
Assistant
The following
information is an update of recent local, state, national, and international
legal developments relevant to shale gas.
Pipelines: DEP Suspends Mariner
East 2 Pipeline permits
On January 3, 2018, the Pennsylvania Department of Environmental Protection (DEP) issued an order suspending
Sunoco Pipeline’s construction permits associated with the Mariner East 2
pipeline. Among the violations listed by DEP, Sunoco failed to obtain permit
authorization for horizontal directional activities, unlawfully discharged
drilling fluid, and failed to obtain permits for several construction
activities. DEP is requiring Sunoco to submit documents regarding their
trenchless pipeline construction techniques, trout stream crossings, and any
other unpermitted installation methods used. Sunoco is also required to explain
the failures leading to the violations and to address all alleged impacts to
private water wells, including replacement and restoration.
Methane Emissions: Environmental
Groups Sue BLM for Delay of Waste Prevention Rule
On December 19, 2017,
seventeen environmental groups sued the Bureau of Land Management (BLM) regarding the BLM’s decision to amend
the deadlines for the Waste Prevention, Production Subject to Royalties, and
Resource Conservation Rule (Waste
Prevention rule). The environmental groups state that the BLM has violated the
Mineral Leasing Act, the Federal Land Policy and Management Act, the National
Environmental Policy Act, and the Administrative Procedure Act. The purpose of
the original rule was to reduce natural gas waste from venting, flaring, and
leaks from oil and natural gas production. In early December, BLM published a
new rule to amend the Waste Prevention rule and delay implementation for one
year.
Pipelines: FERC Issues
Order Granting Rehearing Request for Millennium Pipeline Eastern System Project
On December 28, 2017,
the Federal Energy Regulatory Commission (FERC) issued an order granting
rehearing requests regarding the Millennium pipeline project. The
rehearings were requested for the FERC order that was
issued on November 28, 2017. FERC states that the sole purpose of granting the
rehearing will be allow further reconsideration of the November order. The
November order granted a certificate of public convenience and necessity for
the proposed Eastern System Upgrade Project for the Millennium Pipeline
Company, LLC.
Wildlife Habitat: BLM
Revises Greater Sage-Grouse Resource Management Plan
On December 27, 2017,
the Bureau of Land Management (BLM) revised its Greater Sage-Grouse Resource
Management Plan and released a new
Instruction Manual. This new Instruction
Manual replaces the previous Manual
released under the Obama Administration in 2016. The new Instruction Manual
continues to prioritize leasing outside of the Greater Sage-Grouse habitat, but
does not require the BLM to consider leasing requests outside of the
Sage-Grouse’s habitat before those within it, leaving the habitat “open” for
leasing.
Economic Development:
DOE Pledges to Invest $30 Million in Unconventional Oil and Natural Gas
On January 3, 2018, the
Department of Energy (DOE) announced that it
would invest $30 million dollars in six research and development projects in
unconventional oil and natural gas recovery. The purpose of the selected
projects is to grow an understanding of reservoir behavior and optimal well-completion
strategies, next-generation subsurface diagnostic technologies, and advanced
offshore technologies. The projects were selected from emerging unconventional
plays with an output of less than 50,000 barrels per day.
Wildlife Habitat: DOI Determines
that the Migratory Bird Treaty Act Does Not Prohibit Accidental or Incidental
Takings
On December 22, 2017,
The United States Department of the Interior released a memorandum
discussing whether or not the Migratory Bird Treaty Act (MBTA) prohibited the
accidental or “incidental” taking or killing of migratory birds. A prior
opinion issued by the Department had concluded that any taking or killing of
migratory birds was prohibited by the MBTA. This opinion withdraws and replaces
that prior opinion, and applies the MBTA only to actions which have as their
purpose the taking or killing of migratory birds, their eggs, or their nests.
According to Oil and Gas Journal,
several oil and gas companies have been prosecuted for bird deaths in recent
years.
Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive ShaleLaw HotLinks
"Environmental lawyer asks state Supreme Court to
back up its order to Commonwealth Court" - State Impact
"Cold Chills US Gas Production In Shale Plays As
Heating Demand Jumps" - Oil &
Gas Investor
"Court rules against Pa. drillers in royalty
dispute" - Farm and Dairy
"Pennsylvania Farm Show is back Jan. 6-13; Here's
what's new" - Lancaster Online
"As Oil Rises, Shale Drillers With Few or No Hedges
Stand to Gain" - Bloomberg Business
"Next Big Step For Reservoir Modeling" - Hart Energy
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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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