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.
Induced Seismicity:
Oklahoma Changes Drilling Protocol to Address Seismicity
On February 27, 2018,
the Oklahoma Corporation Commission (OCC) issued a new protocol in order to address induced seismicity resulting from oil and gas
development. OCC protocol now requires that all operators conducting hydraulic
fracturing activities must use a seismic array to see real-time seismicity
readings. The protocol decreases the earthquake magnitude (ML) levels where
operators must take action from 2.5ML to 2.0ML. In addition, operators will be
required to pause activities for 6 hours when seismicity reaches 2.5ML, instead
of the previously required 3.0ML.
Pipelines: Virginia
District Court Grants Atlantic Coast Pipeline Access to Land for Tree Felling
On February 28, 2018,
the U.S. District Court for the Western District of Virginia granted the Atlantic Coast Pipeline, LLC’s (ACP) motions for summary
judgment in several cases involving landowner disputes over easements.
Defendants in the case are landowners of properties in Virginia where
construction of the Atlantic Coast Pipeline is planned. APC filed motions for
summary judgment after failing to obtain easements with these landowners. ACP
argues that they need immediate possession of the parcels so that tree felling will
be completed by mid-March in order to comply with the Migratory Bird Act. The
court is allowing ACP immediate access to the properties but is requiring ACP
to post a security bond so that landowners will be fully compensated subject to
a final determination of value.
Pipelines: Court Orders
Construction of Bayou Bridge Pipeline Expansion to Cease
On February 27, 2018,
the U.S. District Court for the Middle District of Louisiana granted a motion for preliminary injunction, effectively halting
construction of the Bayou Bridge Pipeline project (Atchafalaya Basinkeeper, et al., v. U.S. Army
Corps of Engineers,
18-23-SDD-EWD). The project is a 163 mile expansion of existing pipeline that
will run from Lake Charles, Louisiana, to St. James, Louisiana. The project
will consist of a 24-inch pipe and transport crude oil. Opponents to the
project argue that construction of the pipeline will damage century old trees
and valuable cypress forest swamp as well as the overall ecology of the Basin.
The court granted the order to prevent “further irreparable harm until this
matter can be tried on the merits.”
Frac Sand: USGS
Announces Study Suggesting That River Sediment May Be Used as Frac Sand
On February 27, 2018, the
U.S. Geological Survey (USGS) issued a press release on a recent study
suggesting that sediment from the Missouri River Basin could be used a proppant
in hydraulic fracturing. The researchers removed samples of sediment from the
Missouri River and analyzed them using protocols from the American Petroleum Institute.
They found that sand coming from the Nebraska Sand Hills and flowing into the
Missouri River could potentially be used as suitable proppant or “frac sand.”
The researchers also suggest that use of river sediment for hydraulic
fracturing could help mitigate the cost of removing excess sediment from river
basins. The study is entitled, Suitability of River
Delta Sediment as Proppant, Missouri and Nibrara Rivers, Nebraska and South
Dakota.
"Murrysville council places additional conditions on Huntley & Huntley pipeline construction" - TribLive
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