Brennan Weintraub - Research Assistant
Jackie Schweichler - Staff Attorney
The following information is an update
of recent local, state, national, and international legal developments relevant
to shale gas.
Pipelines: Catholic Sisters Petition the
Supreme Court in Lawsuit Against Atlantic Sunrise Pipeline
On October 19, 2018, the Adorers of the Blood of
Christ, a Catholic sisterhood in Pennsylvania, have submitted a petition
for Writ of Certiorari to the Supreme Court of the United States in their
case against the Atlantic Sunrise Pipeline. The group alleges that the Federal
Energy Regulatory Commission (FERC), in allowing the pipeline to be built on
their land, has obstructed their free exercise of religion as guaranteed by the
Religious Freedom Restoration Act. A Pennsylvania federal court and the Third
Circuit Court of Appeals have both dismissed the lawsuit, finding that the
group should have taken their complaint to FERC before raising it in federal
court. The Atlantic Sunrise project will add 1.7 dth/day of
pipeline capacity to the Williams Transcontinental pipeline.
Pipelines: Pennsylvania DEP Prohibits
Continued Construction on Revolution Pipeline
On October 30, 2018, the Pennsylvania Department of
Environmental Protection (DEP) issued a Field
Order to ETC Northeast Pipeline LLC (ETC) regarding their Revolution
Pipeline. DEP’s order requires ETC to repair erosion control features and
stabilize disturbed areas. The order also “prohibits additional
construction and field work without DEP approval.” DEP issued this order in
light of the September 10, 2018, explosion that occurred in Center Township,
Beaver County. In the ongoing investigation, DEP found unreported
landslides, impacts to water resources, construction in unapproved areas, and
other violations.
Pipelines: FERC Issues Draft Guidance
for Horizontal Drilling Plans
On October 26, 2018, the Federal Energy Regulatory
Commission (FERC) issued draft
guidance to help operators develop Horizontal Directional Drilling Plans
(HDD Plans) in the construction of pipelines. The guidance was issued to
assist industry operators in improving their HDD Plans and make FERC’s
environmental review process more efficient and effective. FERC will be accepting public
comments on the draft guidance until December 28, 2018. The guidance is entitled, Guidance for
Horizontal Directional Drilling Monitoring, Inadvertent Return Response, and
Contingency Plans and was published in the Federal
Register on November 2, 2018.
LNG Exports: FERC Issues Draft EIS for
Texas LNG Project
On October 26, 2018, the Federal Energy Regulatory
Commission (FERC) issued
a draft environmental impact statement (EIS) for the Texas LNG Project.
The project would include a liquefied natural gas (LNG) export terminal
in Brownsville, Texas. Texas LNG plans to begin construction in 2019 and
to complete Phase 1 of the project by 2023.
The project, once completed, would have a total production capacity of
four million metric tons of LNG per year. In the draft EIS, FERC
determined that the project will “result in adverse impacts to the environment,”
but that these impacts would not be significant if appropriate mitigation
measures recommended by FERC are implemented. Additionally, FERC noted that this project, in
combination with the other LNG projects in the area, would result in
significant sediment and shoreline erosions, ocelot and jaguarundi habitat
loss, and loss of visual resources.
According to FERC, however, these environmental impacts are mostly
temporary or short-term in nature.
Methane Emissions: CSU Study Seeks to Explain Disparity in Methane Emissions Measurements
Methane Emissions: CSU Study Seeks to Explain Disparity in Methane Emissions Measurements
On October 29, 2018, researchers at Colorado State University published a study examining the reasons for disparate methane emissions estimates from natural gas production. The study, published in Proceedings of the National Academy of Sciences, found that releases of methane during daytime maintenance of natural gas facilities might be a contributing factor for contrasting estimates. These activities, which can result in the atmospheric venting of some methane, often occur during the times when research aircraft measuring emissions would fly over the sites. According to the researchers, methane emissions taken with different timescales can result in widely varying estimates. (Temporal variability largely explains top-down/bottom-up difference in methane emission estimates from a natural gas production region)
From the National Oil & Gas Law
Experts:
Tiffany Challe, New Book: Climate Change, Public Health, and the Law, Climate
Law Blog (October 25, 2018)
Pennsylvania Notices
Public Hearings regarding: Air Quality Plan
Approvals for Proposed Compressor Stations in Delaware, Bucks Counties(December
4, 2018)
Meeting Cancellation: Environmental Quality Board
meeting for November 13, 2018 is cancelled. The next meeting is scheduled for
December 18, 2018.
Follow us on Twitter at PSU Ag &
Shale Law (@AgShaleLaw) to receive ShaleLaw HotLinks:
“UK to receive US LNG cargo” - LNG World News
“Driven by Trump policy changes, fracking booms on public
lands” - New York Times
“Colorado election may benefit Wyoming energy sector” -
Wyoming Tribune Eagle
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 – Ohio Supreme Court Denies
Ballot Proposition to Prohibit Oil and Gas Extraction Within the City of Columbus
Want to get updates, but prefer to
listen? Check out the Shale Law Podcast! We can always be found
on our Libsyn page, iTunes, Spotify, or Stitcher.
Check the October Agricultural Law Brief! Each month we
compile the biggest legal developments in agriculture. If you’d like to receive
this update via email, check out our website and subscribe!
No comments:
Post a Comment