Written by:
Jacqueline Schweichler - Education Programs Coordinator
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 Imposes
Penalty and Allows Sunoco to Resume Work on Mariner East 2
On February 8, 2018, the
Pennsylvania Department of Environmental Protection (DEP) filed a Consent Order and Agreement with Sunoco Pipeline, L.P. (Sunoco) allowing work to
resume on the Mariner East 2 pipeline. The order imposes a $12.6 million
civil penalty on Sunoco for permitting violations. In January, DEP ordered Sunoco to
suspend all work after drilling fluids were discharged without a permit. In
addition, Sunoco failed to obtain permit authorization prior to conducting
horizontal directional drilling activities. The Mariner
East 2 is a 20-inch pipeline project that
expands the capacity of the current Mariner East 1 to 345 thousand barrels per
day of natural gas liquids.
Pipelines: Immediate
Access to Disputed Properties Granted to MVP
On February 2, 2018, a
federal judge in West Virginia granted Mountain
Valley Pipeline, LLC (MVP) immediate access to disputed lands along the path of
the Mountain Valley Pipeline (MVP v. Simmons, et al., 1:17-cv-00211).
The court states that in order to access the disputed properties, MVP must
deposit certified checks and post surety bonds worth several times more than
the appraised easement value. The court concluded that MVP has met eminent
domain requirements and is authorized to immediately access the properties. The
determination was based upon MVP’s showing that it would be “irreparably harmed
in the absence of a preliminary injunction,” that this harm is not outweighed by
the concerns of the defendants, and that granting access is in the public
interest.
Pipelines: FERC Allows
Rover Pipeline to Continue Drilling Under Tuscarawas River
On February 6, 2018, the
Federal Energy Regulatory Commission (FERC) approved the revised
drilling plan submitted by Rover Pipeline, LLC (Rover) and issued an order
authorizing Rover ro recommence drilling at the Tuscarawas River. FERC ordered Rover
to cease drilling at the end of January after drilling fluid was lost.
Rover was asked to submit information on how they planned to address
drilling fluid losses. In addition, Rover was told to provide a revised
drilling plan with a feasibility analysis of alternate crossing locations at
the Tuscarawas River. The Rover pipeline is
designed to transport 3.25 bcf/d of Marcellus and Utica shale natural gas along
713 miles of pipeline.
Oil and Gas Leasing:
Lawsuits Filed Against BLM for Alaskan Oil and Gas Lease Sale
On February 2, 2018, two
lawsuits were filed by several environmental and conservation groups against
the Bureau of Land Management (BLM) for petroleum lease sales in northern
Alaska. The first lawsuit, filed by Earthjustice, alleged that BLM failed to fulfill its obligations under
the National Environmental Policy Act (NEPA) in 2016 and 2017 when it held oil
and gas lease sales in the National Petroleum Reserve - Alaska (Natural Resources Defense Council, et al. v. Ryan Zinke,
et al.) In the complaint, the plaintiffs
allege that BLM acted arbitrarily and capriciously by foregoing NEPA analysis,
and the plaintiffs request that the 2016 and 2017 be vacated. The second lawsuit was
filed by several groups including the Alaska Wilderness League, the Northern
Alaska Environmental Center, and The Wilderness League. In this lawsuit the
plaintiffs also allege that BLM violated NEPA during the 2016 and 2017 oil and
gas lease sale.
Pipelines: FERC Files
New Environmental Impact Statement for Southeast Market Pipeline Project
On February 5, 2018, the
Federal Energy Regulatory Commission (FERC) filed a new Final Environmental Impact Statement (EIS) for the Southeast Market Pipelines Project
(Project). The new EIS was filed in response to a court order issued
in August 2017. In the court order, the judge stated that the initial EIS was
inadequate because it did not contain sufficient information on the greenhouse
gas emissions that would occur as a result of pipeline use. The Project
is comprised of three
natural gas pipelines including the Sabal Trail Project, the Florida Southeast
Connection, and Transcontinental Gas Pipe Line Company LLC’s Hillabee Expansion
Project.
Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive ShaleLaw HotLinks
"The new legal threat to environmental attorneys:
Sanctions from judges and attorneys general" - ThinkProgress
"Shale Powers US Oil Output To Heights Of 1970" - UG Center
"Natural gas will remain primary source of
electricity generation" - Shale Gas
Reporter
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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 Governance in the Netherlands
Check out this week’s
Shale Law in the Spotlight:
Oil and Natural Gas Severance Taxes in the United States
(Florida, New York, Tennessee, Illinois, and Virginia)
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