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: Environmental Groups Sue to Reinstate
Waste Prevention Rule
On September 28, 2018, a coalition of environmental advocacy
groups
sued the U.S. Department of the Interior in the U.S. District Court for the
Northern District of California to prevent the rollback of the Waste Prevention
Rule (Sierra Club v. Zinke, Case No. 3:18-cv-5984). The Waste
Prevention Rule, or
Waste Prevention, Production Subject to Royalties, and Resource Conservation
rule, was created to reduce natural gas waste from venting, flaring, and leaks
during oil and gas production. On September 18, 2018, the Bureau of Land
Management (BLM) issued a new rule (the
Rescission rule) revising the Waste Prevention Rule. In their
complaint, the environmental groups allege that BLM failed to consider
environmental impacts when it withdrew many of the regulations within the Waste
Prevention Rule. The plaintiffs allege that these changes constitute a
violation of the Department’s obligation to protect the public interest and the
environment. This is the
second lawsuit filed in response to BLM’s Rescission Rule. On September 18,
2018, California and New Mexico also filed a complaint alleging BLM violated
the Administrative Procedure Act, the Mineral Leasing Act, and the National
Environmental Policy Act.
Pipelines: Federal Judge Dismisses Eminent Domain Suit
Against FERC
On September 28, 2018, the U.S. District Court for the
District of Columbia dismissed
a lawsuit brought against the Federal Energy Regulatory Commission (FERC) for
granting limited eminent domain rights to the Atlantic Coast Pipeline and the
Mountain Valley Pipeline (Bold Alliance v. Federal Energy Regulatory
Commission, Case No. 17-cv-01822). The suit was brought by a group of
landowners who hold property along the proposed path of the pipelines. The
court found that it lacked subject-matter jurisdiction to hear the case.
The court explained in the opinion that Congress has vested sole
jurisdiction to adjudicate challenges related to natural gas pipeline
construction in FERC. Accordingly, the court found that the appropriate forum
for an appeal of FERC decisions would be a U.S. appellate court.
Pipelines: Court of Appeals Vacates Mountain Valley
Pipeline Stream-Crossing Approval
On October 2, 2018, the U.S. Court of Appeals for the Fourth
Circuit issued an
order vacating stream-crossing approval in southern West Virginia for the
Mountain Valley Pipeline (Sierra Club v. United States Army Corps of
Engineers, Case No. 18-1173 (L)). The court found that the Army Corps of
Engineers, which approved the project, lacked the authority to approve an
alternative river crossing method. According to the court, the Army Corps
improperly permitted the use of a “dry cut” method for four river crossings, a
method that may require 4-6 weeks to complete. West Virginia law requires all
stream crossing projects to be completed within a 72 hour period to avoid
potential environmental harm.
Pipelines: Federal Government Announces Cybersecurity
Initiative
On October 2, 2018, the U.S. Department of Homeland Security
(DHS) announced the launch of the
Pipeline Cybersecurity Initiative. The initiative was announced at a
meeting between DHS and the Oil and Natural Gas Sector Coordinating Council,
the Transportation Security Administration Administrator, and the National
Protection and Programs Directorate Under Secretary. The initiative will
focus on taking a strategic approach to avoid threats and create a secure
pipeline system. The new initiative was
facilitated by the
National Risk Management Center, which aims to identify critical
infrastructure where cyber incidents could have destructive consequences.
Pipelines: FERC Approves Service for Atlantic Sunrise
Project
On October 4, 2018, the Federal Energy Regulatory Commission
(FERC) granted
Transcontinental Gas Pipe Line Company’s (Transco) request to begin service on
the Atlantic
Sunrise Project (CP15-138-000 and CP17-212-000). The Atlantic Sunrise
Project consists of 183 miles of new pipeline, 12 miles of loops, 2.5 miles of
pipeline replacement, two compressor stations, and other facilities. The
project will increase the capacity of the Transcontinental Pipeline by 1.7
Bcf/day to 15.8 Bcf/day. In the recent
order, FERC determined that Transco “has adequately stabilized the areas
disturbed by construction.” FERC’s approval is conditioned upon terms
within the 2017
Order Issuing Certificate.
Pennsylvania Legislation
HB
107: Corrective Reprint, Printer’s No. 4133 (October 1, 2018) would
authorize natural gas distribution companies to establish a distribution system
extension charge to cover the cost of expanding to underserved areas.
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)
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ShaleLaw HotLinks:
“Pa.
on forefront of energy revolution, experts say” - LV Business
“Big
oil backs new NAFTA deal” - The Hill
“Big
oil and gas companies are winners in Trump’s new trade deal” - The
Washington Post
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: Overview
of Recent Amendments to the BLM Methane Waste Prevention Rule
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