Written by:
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.
National Energy
Policy: President Trump Issues Executive Orders Related to Oil and Gas Industry
On April 10, 2019,
President Trump issued two executive orders related to the national regulation
of the oil and gas industry. The first, Executive Order on Promoting Energy
Infrastructure and Economic Growth, alters federal regulations to allow liquefied natural gas to
be transported in rail tank cars. This order also requires the EPA
Administrator to change federal guidance related to water quality
certifications under §401 of the Clean Water Act. The second, Order on the Issuance of Permits with Respect
to Facilities and Land Transportation Crossings at the International Boundaries
of the United States,
requires the Secretary of State to adopt new procedures reducing the time
required for cross-border infrastructure permit approval to sixty days.
This executive order will affect facilities used for the exportation or
importation of all products to or from a foreign country, including pipelines.
Public Lands: U.S.
Court of Appeals Dismisses Waste Prevention Rule Lawsuit
On April 9, 2019, the
U.S. Court of Appeals for the Tenth Circuit issued an order dismissing as moot a lawsuit brought by several states and
members of the oil and gas industry challenging the Waste Prevention, Production Subject to
Royalties, and Resource Conservation Rule (State of Wyoming v. United States Department of the
Interior, Nos. 18-8207 and 18-8209) (p.10). The rule placed limits on
venting and flaring of natural gas wells and imposed reporting requirements on
operators. The rule was substantially altered by a new version of the rule issued by the Bureau of Land Management in
September of 2018 (p. 3-4). The lower court had enjoined portions of the
original Waste Prevention Rule, but this court vacated that decision and
dismissed the appeals as moot (p.8-10).
Pipelines: Pinelands
Commission Delays Vote to Revoke South Jersey Gas Project Approval
On April 12, 2019, the
New Jersey Pinelands Commission (Commission) voted to delay acting on a resolution which would revoke permission
for the building of a natural gas line in the Pinelands National Reserve. The project is designed as a 22-mile and 24-inch natural
gas pipeline which was intended to repower the BL England electrical generation plant
(BLE plant). In February of 2019,
the operator of the BLE plant decided not to repower the plant with natural
gas. As a result, the Commission prepared a resolution which would revoke permission for the project, because the
project would no longer “serve only the needs of the Pinelands.” Upon receipt
of a letter from South Jersey Gas, the Commission decided to delay action in
order to provide the New Jersey Attorney General time to review the new
information.
State/Territorial
Regulation: Puerto Rico Sets Renewable Energy Standards
On April 11, 2019,
Puerto Rico Governor Ricardo Rosselló Nevares signed a new Public Energy Policy Law which will compel a decrease in
the territory’s use of fossil fuels. According to the press release, the
purpose of the new law is to modernize the energy grid with new technology and
renewable energy. The law includes a plan to eliminate 20 percent of
fossil fuel use by 2022 and 60 percent by 2040. Under the plan, Puerto Rico
will aim to rely on 100 percent renewable energy by 2050. Since 2015, Hawaii, California, and New Mexico have issued similar renewable energy bills.
From the National Oil
& Gas Law Experts:
Pennsylvania
Legislation:
HB 1151: makes appropriations from the Oil and Gas Lease Fund to the
Department of Conservation and Natural Resources (Referred to Appropriations - April 8, 2019)
“Pennsylvania’s energy future pivots on what
Harrisburg does with all this gas, deliberators decide” - Pittsburgh Post-Gazette
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