Written by:
Sara Jenkins -
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: Columbia Gas
Files Lawsuit Against State of Maryland for Easement to Install a Natural Gas
Pipeline
On May 16, 2019,
Columbia Gas Transmission, LLC (Columbia) filed a lawsuit in the U.S. District
Court for the District of Maryland against Maryland’s Department of Natural
Resources to obtain an easement to construct a pipeline in Washington Country,
Maryland (Columbia Gas Transmission, LLC v 0.12 Acres of Land, More or Less,
1:19-cv-01444-GLR). The suit was filed following a decision made on January 2, 2019, by Maryland’s Board of Public Works
denying permission to install the pipeline for Columbia’s Eastern Panhandle
Expansion Project. According to Columbia, the Federal Energy Regulatory Commission
approved the construction and operation of the pipeline. On January 1, 2019,
several lawmakers sent a letter to the Maryland General Assembly regarding the pipeline’s
construction, citing concerns for public health and climate change. The project
is designed to provide 47,500 Dth per day of natural gas from Pennsylvania to
Morgan County, West Virginia.
Pipelines:
Pennsylvania’s Department of Environmental Protection Orders ETC Northeast to
Restore Waterways Affected by Construction of Revolution Pipeline
On May 14, 2019,
Pennsylvania’s Department of Environmental Protection (DEP) ordered ETC NorthEast Pipeline, LLC (ETC) to identify and restore all
waterways and wetlands that were destroyed during construction of the Revolution Pipeline (Pipeline). According to the press release, DEP’s investigation into the construction of
the pipeline found numerous violations incurred by ETC, including the
elimination of 23 streams and 17 wetlands. The Order requires ETC to
investigate all areas that were disturbed by the pipeline construction, and to
submit a plan of action to restore all streams and wetlands affected.
Pipelines: Texas
Lawmakers Pass Bill Creating Criminal Offenses for Damage to Critical
Infrastructure
On May 20, 2019, the
Texas Senate passed a bill that creates felony offenses for damage to critical
infrastructure facilities. The bill is entitled, Critical Infrastructure Protection Act. Critical infrastructure facilities are defined as being
completely enclosed by a barrier or marked with a sign indicating entry is
prohibited. The definition specifically includes oil and gas pipelines
and related facilities. In addition to criminal offenses, defendants who are
convicted could also be held civilly liable to property owners. The bill was
previously passed by the House a few weeks prior to the Senate vote, and it is
now awaiting a signature from Governor Greg Abbott.
Pipelines: Protesters
and Landowners File Lawsuit Against Louisiana Law Prohibiting Unauthorized
Entry of a Critical Infrastructure
On May 22, 2019, protesters
and landowners filed a lawsuit in the U.S. District Court for the Middle
District of Louisiana challenging Louisiana’s Critical Infrastructure
Protection statute (White Hat, et al v Landry, et al,
3:19-cv-00322-JWD-EWD). The statute, La. R.S. 14:61, defines unauthorized entry as intentional
entry into a restricted area that is marked or completely enclosed by a
physical barrier when the person is not authorized to enter the area.
Additionally, critical infrastructure is defined as any structure, equipment,
or property located within or upon certain facilities such as LNG terminals or
pipelines. The Plaintiffs argue that including pipelines in the statute is
unconstitutional and overbroad, and they have asked the court to enter a
permanent injunction prohibiting enforcement of the statute.
Pipelines: PHMSA Issues
Notice to Oil and Gas Operators on the Dangers of Land Movement
On May 2, 2019, the
Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a notice reminding oil and gas pipeline operators of safety-related risks
due to earth movement and other geologic hazards. The notice states that the
design of new liquid pipelines must consider the load that may be imposed by
geological forces. Some general hazards include washouts, floods, unstable
soil, and landslides. For offshore pipelines, operators must take into account
hazards including mudslides, water currents, hurricanes, ship anchors, and
fishing operations. PHMSA encourages pipeline operators to take practical steps
to protect each transmission line through surface patrol programs and ongoing
facility surveillance.
International
Development: Somalia Passes Petroleum Law in Effort to Promote Oil Exploration
On May 20, 2019,
Somalia’s Ministry of Petroleum and Mineral Resources (Ministry) announced the passage of a petroleum bill that will establish a stable
program for future revenue sharing among the federal government, member states,
and the local community. The bill updates Production Sharing Agreements (PSA’s)
that set requirements for environmental protection and fiscal terms for
potential discoveries. According to the Ministry’s announcement, the bill is
designed to ensure transparency and financial accountability by the government
and any potential investors. Somalia anticipates accepting bids in November
2019 for a licensing round of 15 blocks covering approximately 9,300 square
miles.
From the National Oil
& Gas Law Experts:
Charles Sartain &
Alexis Foster, Operator: How Would You Like to Pay Twice For That Pipe
Delivery?,
(May 22, 2019)
John McFarland, Texas Railroad Commission Sued to Force Regulation of
Pipeline Route, (May 22, 2019)
Pennsylvania
Legislation:
HB828: would amend well permit requirements in Title 58 of the
Pennsylvania Consolidated Statutes (Laid on the table- May 14, 2019)
SB630: would provide a transition to renewable energy by imposing
duties on agencies related to energy consumption. (Referred to Environmental Resources And Energy- May 20, 2019)
Connect with us on Facebook! Every week we will post the CASL
Ledger which details all our publications and activities from the week.
Want to get updates,
but prefer to listen? Check out the Shale Law Podcast! We can always be found
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This week we published
two new Shale Law in the Spotlight articles: Shale Law in the Spotlight – EPA Issues Determination to
Continue RCRA Exemption for Oil and Gas Wastes and Shale Law in the Spotlight –Update on State Critical
Infrastructure Protection Statutes: North Dakota, Oklahoma, and South Dakota.
Check the April 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!
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