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.
GHG Emissions: States,
Environmental Groups File Lawsuit Challenging EPA’s Affordable Clean Energy
Rule
On August 13, 2019,
several states filed a Petition for Review with the U.S. Court of Appeals for the District of
Columbia Circuit regarding the Environmental Protection Agency’s Affordable
Clean Energy Rule (State of New York v. EPA, No. 19-1165). Several
environmental groups filed a similar Petition the next day on August 14th (Appalachian Mountain Club v. EPA,
No. 19-1166). The Affordable Clean Energy Rule, officially titled, Repeal of
the Clean Power Plan; Emission Guidelines for Greenhouse Gas Emissions From
Existing Electric Utility Generating Units; Revisions to Emission Guidelines
Implementing Regulations (Rule), was finalized on July 8, 2019. The Rule replaces the Obama
Administration’s Clean Power Plan and instructs states to create standards in
order to reduce greenhouse gas emissions for energy development from
fossil fuels. According to EPA, heat rate improvement is the “best system of
emission reduction” for coal-fired energy units. The States’
Petition requests that the court determine the Rule to be unlawful under
section 7607(d)(9) of the Clean Air Act. Both suits follow the American Lung
Association’s Petition for Review filed the same day the final Affordable Clean Energy
rule was finalized (American Lung Association v. EPA, No.
19-1140).
Pipelines: Environmental
Groups File Petition for Court of Appeals to Review Mountain Valley Pipeline
Decision
On August 12, 2019,
environmental groups filed a Joint Petition for Review with the United States Court
of Appeals for the Fourth Circuit (Wild Virginia v. U.S. Dep’t of the
Interior, No. 19-1866). The petition was filed as a request for the court
to review the U.S. Fish and Wildlife Service’s Biological Opinion and
Incidental Take Statement regarding the Mountain Valley Pipeline. In the Biological Opinion, the Fish and Wildlife Service designated
critical habitat areas only for the Indiana bat and stated that pipeline
construction was not expected to affect the bat’s habitat. The
environmental groups, however, complain
that the Fish and Wildlife Service did not set take limits for the amount of
endangered bats that could be harmed during construction. Additionally, the incidental take statement
anticipated a small percentage of different species would be harmed or killed
during pipeline construction, but it included “reasonable and prudent measures”
to be implemented by the pipeline to minimize take. The
petitioners, however, claim that the agency failed to measure impacts on other
endangered wildlife species. The petitioners request that the Petition be set
for “expedited consideration.”
Municipal Regulation:
Activists Request Colorado Court Reinstate Local Hydraulic Fracturing Ban
On August 13, 2019, the activist
group, Our Health, Our Future, Our Longmont (Our Longmont), filed a Motion to Reopen a case which previously found that banning hydraulic
fracturing within city limits was not permitted by law (Colorado Oil and Gas
Ass’n v. City of Longmont, No. 2013CV63). Our Longmont argues that the case
can be revisited due to the adoption of Senate Bill 19-181, which was signed into law on April 16, 2019. SB
19-181 titled, Protect Public Welfare Oil and Gas Operations, gives
local governments more authority to regulate oil and gas land use to minimize
the effects of oil and gas operations on public safety and the environment. The Motion states that a local hydraulic fracturing ban would no
longer be in conflict with Colorado law, allowing the case to be reopened and
moved forward.
Induced Seismicity:
Bureau of Ocean Energy Management Issues Permit for Seismic Survey Near Alaskan
Coast
On August 14, 2019, the
U.S. Department of the Interior’s Bureau of Ocean Energy Management (Bureau) approved
a permit for Hilcorp Alaska, LLC (Hilcorp) to conduct “geophysical exploration
operations” in federal waters near Southcentral Alaska. Operations
include a seismic survey of the Lower Cook Inlet area covering approximately 969 square kilometers (press
release). According to the Bureau’s press release, data gathered from the survey can be used to find “potential
offshore oil and gas resources.” The permit approval included several
stipulations to be followed by Hilcorp including monitoring ships in the area
and reporting birds found on at-sea equipment. The survey is
expected to begin August 31, 2019, and be completed by October 31, 2019.
From the National Oil
& Gas Law Experts:
John McFarland, North Dakota Supreme Court Decides for Royalty
Owner on Post-Production Costs, (August 14, 2019)
“Mountain Valley Pipeline Faces New Legal
Challenge, This One Over Endangered Species” - The Roanoke Times
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 on our Libsyn page,
iTunes, Spotify, or Stitcher.
This week we published
a new Shale Law in the Spotlight article: Shale Law in the Spotlight – North Dakota
Supreme Court Rules that Post-Production Costs Cannot be Deducted from
Royalties Paid to State
Check the July 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