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.
Municipal Regulation:
Youngstown Voters Fail to Pass Ballot Initiative on Hydraulic Fracturing
On May 8, 2018, the
voters of Youngstown failed to pass the ballot initiative, Youngstown Drinking Water Protection & Fair Elections Bills
of Rights. The initiative would
have recognized that Youngstown residents have the right to clean water and the
right to be free from some types of fossil-fuel development. Initially,
the Mahoning County Board of Elections refused to include the initiative on the
ballot, but was then compelled to include it by the Ohio Supreme Court. The
initiative lost with 56% of the votes against the initiative and 44% in favor.
Pipelines: Louisiana
Court Rules Bayou Bridge Pipeline Permit Failed to Follow Guidelines
On April 30, 2018, the
23rd Judicial District Court in Louisiana ruled that the Coast Use Permit issued
to Bayou Bridge Pipeline, LLC (Bayou Bridge) failed to apply all pertinent
guidelines (Harry Joseph Sr., et al., v. Louisiana Dept.
of Natural Resources).
The judge stated that the Bayou Bridge pipeline has the potential to impact
ecologically sensitive areas such as the Atchafalaya Basin and other wetlands.
In the order, the judge remanded the case to the Department of Natural
Resources (DNR) and required Bayou Bridge to develop environmental protection
and emergency evacuation plans prior to the continued issuance of the permit.
The case was brought by the Gulf Restoration Network, The Atchafalaya
Basinkeeper, Bold Louisiana, and other environmental groups who argued that DNR
did not consider potential pollution, spills, noise and traffic, and other
impacts the pipeline would have on the area. For more information on recent
Bayou Bridge legal developments, see the Shale Law in the Spotlight: Bayou Bridge
Pipeline Project- An Overview of the Current Legal Developments.
State Regulation: New
York Governor Proposes Bill to Prohibit Offshore Drilling in New York
On May 4, 2018, New
York Governor Cuomo presented a new bill to prohibit offshore drilling and exploration in New
York waters. The bill, entitled “Save Our Waters,” will amend New York’s environmental
conservation law to prohibit state land leasing for oil or gas production within the North
Atlantic Planning Area. The bill also would prohibit the shipment of offshore
crude through navigable waters of New York. According to the Governor, the
purpose of the bill is to prevent environmental disaster, safeguard New York’s
offshore assets, and increase support for renewable energy development.
International Development: International Energy Agency Publishes Offshore Energy Outlook
On May 4, 2018, the International Energy
Agency (IEA) published its 2018 Offshore Energy
Outlook, a
projection of global offshore oil and natural gas production. The study
projects forward to 2040 and suggests that all energy-related offshore
activity, including wind energy, will increase. According to IEA’s possible
scenarios, the offshore energy sector may require $4.6 trillion or $5.9
trillion in cumulative capital spending up through 2040. The study also
suggests that there will be a rapid increase in floating drilling facilities,
while use of fixed platform facilities are expected to increase more slowly. In
addition, the study notes that as more offshore projects are initiated,
offshore platform decommissioning will become an increasingly important issue
by 2040.
Pennsylvania Actions and Notices:
Department of Environmental Protection
- Pennsylvania to hold public hearing and extend comment period for Sunoco permit modification application
- Pennsylvania announces creation of new grant program with funds collected from Sunoco Pipeline
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Check out this week’s Shale Law in the Spotlight: Mariner East Pipeline Project - An Overview of Status and Current Legal Developments.
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