Brennan Weintraub - Research Assistant
Jackie Schweichler - Education Programs Coordinator
The following information is an update of recent local,
state, national, and international legal developments relevant to shale gas.
Methane Emissions: EPA Publishes Proposed Rule to Amend
Emission Standards Rule
On October 15, 2018, the U.S. Environmental Protection
Agency published the proposed rule,
Emission Standards for New Reconstructed, and Modified Sources
Reconsideration. The proposed rule will amend and clarify
various aspects of the
2016 new source performance standards (NSPS). Specifically, the
proposed rule will make changes to pneumatic pump requirements, fugitive
emissions requirements, professional engineering certification, and alternative
means of emissions limitations. The proposed rule also addresses well
completion requirements and implementation issues. According to EPA, under the proposed rule,
there will be increases in volatile organic compound and hazardous air
pollutant emissions. The 2016 rule set standards for methane emissions in
order to decrease the amount of greenhouse gases contributing to climate
change.
Municipal Regulation: Ohio Supreme Court Declines to
Review Anti-Fracking Initiative Ruling
On October 5, 2018, the Ohio Supreme Court issued an order
denying a motion to reconsider its decision regarding an anti-fracking
initiative proposed in Franklin County (State of Ohio, et al., v. Franklin
County Board of Elections, et al., Case No. 2018-1221). The court,
which issued its opinion
in September 2018, found that the city lacked the power to enact the proposed
ordinance, which sought to ban hydraulic fracturing within the county. The initiative,
called the Community Bill of Rights, sought to protect rights including
“Potable Water,” “Clean Air,” “Safe Soil,” “Peaceful Enjoyment of Home” and the
“Right to be Free from Toxic Trespass.”
Pipelines: FERC Grants Permit to Atlantic Coast Pipeline
for Tree Felling Along Route
On October 16, 2018 the Federal Energy Regulatory Commission
(FERC) granted Atlantic Coast Pipeline’s (ACP) request
to begin non-mechanized tree-felling along part of its route in Buckingham
County, Virginia. FERC approved the request after reviewing Dominion
Energy Transmissions and ACP’s Implementation Plan. FERC found that the
plan meets the environmental conditions in the Order Issuing Certificates from
October 2017. The pipeline, once
constructed by Dominion Energy, will carry roughly 1.5 billion cubic feet per
day of natural gas from West Virginia to North Carolina. The project is
expected to be complete in late 2019.
Pipelines: Landowners Suing Dakota Access Pipeline Appear
in Federal Appellate Court
On October 18, 2018, landowners suing the developers of the
Dakota Access pipeline appeared before the U.S. Court of Appeals for the 8th
Circuit, arguing that the lower court had not dismissed all of their claims.
According to Hart
Energy, the plaintiffs argued that the U.S. District Court for the District
of North Dakota had dismissed only their claims that the developers had
acquired land easements through fraud. They argue that their complaint also
contains allegations of “harassment, threat, intimidation, misrepresentation,
[and] deception” that would be unaffected by the lower court’s dismissal.
From the National Oil & Gas Law Experts:
Charles Sartain, Rejection
of Mid-Stream Agreements Upheld...Again, Gray Reed (October 18, 2018)
John McFarland, Oil and
Gas News, Oil and Gas Lawyer Blog (October 16, 2018)
Pennsylvania Legislation
HB
2746: Referred to Consumer Affairs (October 19, 2018) legislation would
prohibit natural gas lines from being built within 100 meters from a “dwelling
house.”
HB
2154: Re-reported as committed from Appropriations (Oct. 17, 2108) act
would re-enact Oil and Gas Act of 1984 with various changes
Pennsylvania Notices
Upcoming Meetings: Environmental Resources and Energy (H) voting
meeting on SB
138 (October 9, 2018)
Availability
of Final Erosion and Sediment Control General Permit-3 for Earth Disturbance
Associated with Oil and Gas Exploration, Production, Processing or Treatment
Operations or Facilities (October 6, 2018)
Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive
ShaleLaw HotLinks:
“Intense
fight over Colorado oil and gas setbacks could end with national precedent”
- Washington Post
“Not
being there: How augmented reality is changing the oil industry” - Houston
Chronicle
“Germany
to U.S.: Stay out of European energy policy” - Hart Energy
“Colorado
locked in cycle of anti-drilling measures: House majority leader” - S&P
Global Platts
“Utilities
investing locally in Appalachian Basin” - Hart Energy
Connect with us on Facebook! Every week
we will post the CASL Ledger which details all our publications and activities
from the week.
This week we published one new Shale Law in the Spotlight
article: Shale
Law in the Spotlight – Overview of Litigation Challenging the Delaware River
Basin Commission’s Moratorium on Shale Gas Development
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Check the September
Agricultural Law Brief! Each month we compile the biggest legal
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