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.
Infrastructure:
Environmental Group files Lawsuit Against Washington State for Issuing Permit
for LNG Facility
On July 9, 2019, the
Advocates for a Cleaner Tacoma (ACT) filed a Petition for Judicial Review of Agency Action against the Washington State
Department of Ecology for issuing a permit for a liquified natural gas (LNG)
facility (Advocates for a Cleaner Tacoma v. Washington State Dep’t of
Ecology). According to the Petition, the Department issued Administrative
Order 13764, granting water quality certification for Puget Sound Energy,
Inc.’s proposed LNG facility. ACT contends that the Department violated the
State Environmental Policies Act by issuing the permit even though analysis of
greenhouse gas emissions for the LNG facility project was determined to be
inadequate. The Puget Sound Energy LNG facility is being constructed at the Port of Tacoma, and is expected to be
used to fuel ships, and to provide natural gas for local and commercial
customers. According to the project’s website, the facility will be too small
to be used for LNG exports.
Pipelines: Dakota Access
Seeks to Waive Hearing Requirements for Additional Pipeline Pump Station
On July 10, 2019, the
North Dakota Public Service Commission (Commission) issued a Notice of Opportunity for Hearing following a request by Dakota Access,
LLC, to waive hearing requirements for an additional Dakota Access pipeline
pump station. According to the notice, the additional station would be located
in Emmons County and would transport up to 1.1 million barrels of crude oil per
day. Dakota Access filed an application to amend the pipeline’s current
Certificate of Corridor Compatibility 179 and Route Permit 191 to allow for the
additional pump station. The Commission is accepting written public comments on
the application. Additionally, those with an interest in the project can file a
request for hearing on the matter. The notice states that the Commission may
make a decision without a hearing.
Production and
Operation: Energy Information Administration Releases Short-Term Energy Outlook
On July 9, 2019, the
Energy Information Administration (EIA) released its Short-Term Energy Outlook (forecast). Some highlights from the forecast
include an increase in global oil production by 0.1 million barrels per day
over the next year, due to the expected decrease in oil demand for 2019. The
forecast also states the “U.S. crude oil production averaged 11.0 million b/d
in 2018, up 1.6 million b/d from 2017, achieving a record high for total
production and year-over-year growth.” Average gas prices for June were lower
than May and are expected to remain around $2.65 per gallon in 2019 and $2.76
per gallon in 2020. The forecast predicts that U.S. electricity generation from
coal will continue to decline, along with the use of nuclear power.
Public Health: Ohio
Department of Natural Resources Works to Correct Data Used in University of
Toledo Hydraulic Fracturing Study
On June 21, 2019, Athens
News published an article stating the Ohio Department of Natural Resources (ODNR) was
working with the University of Toledo to correct data used in the University
study associating indoor radon levels with hydraulic fracturing activities. The
University also now includes a note in the news release of the study, stating the University was working with the ODNR to
“examine the terminology used in this study related to fracking wells.” The study titled, Impact of the Hydraulic Fracturing on Indoor Radon
Concentrations in Ohio: A Multilevel Modeling Approach, was published by Frontiers in Public Health on April 10, 2019. According to
Athens News, the study incorrectly stated the total number of deep-shale
hydraulic wells in Ohio, as well as incorrectly stated the number of deep-shale
wells in certain counties in the state. Mark Bruce, a spokesperson for the
ODNR’s Division of Oil and Gas Resource Management told Athens News that “[t]he
Division is ready to help the authors [of the study] utilize and analyze oil
and gas well data so that cited information is presented accurately because
currently the Division is confident it is not.”
From the National Oil
& Gas Law Experts:
Ann Navaro &
Christine Wyman, Highlights from the Trump Administration’s Rulemaking
Agenda,
(July 9, 2019)
Pennsylvania
Legislation:
Act 20: Provides for transfer of money from the Oil and Gas Lease Fund
into the Marcellus Legacy Fund (Enacted from SB 712 - June 28, 2019).
Act 14A: Details federal appropriation amounts for natural gas pipeline
safety (Enacted from SB 242 - June 28, 2019)
SB619: would amend the Clean Streams Law to only require reporting to
DEP if the unauthorized discharge could cause a violation of water quality or
if it is reportable under federal requirements (Third consideration and final passage (Senate), Referred to Environmental Resources and
Energy (House) - June 27, 2019)
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This week we published
a new Shale Law in the Spotlight article: Shale Law in the Spotlight – Pennsylvania Supreme Court
Rules that Residents of Neighboring Municipality Can Provide Testimonial
Evidence in Land Use Hearing on the Impacts of Natural Gas Drilling
Check the June 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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