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: Commonwealth
Court Finds Senator Lacks Standing to File Complaint Against Sunoco
Pipeline
On September 9, 2019,
the Commonwealth Court of Pennsylvania ruled that Pennsylvania State Senator, Andrew E. Dinniman, lacked
standing to file a Complaint against Sunoco Pipeline L.P. (Sunoco). Senator Dinniman initially filed a complaint with the Public Utility Commission
(PUC) seeking to enjoin or halt operation of the Mariner East 1 (ME1) pipeline
and construction of the Mariner East 2 (ME2) and 2X (ME2X) pipelines. The Complaint alleged that construction of ME2 and MEX caused sinkholes to
develop, which exposed ME1 and affected West Whiteland Township’s water supply. Senator Dinniman asserted legislative standing to file the Complaint. Upon review, however, PUC determined that Senator Dinniman lacked
legislative standing to file the Complaint, but had personal standing as a
property owner in the township that was adversely affected by pipeline
construction. Ultimately, the Commonwealth Court held that PUC erred
and Senator Dinniman did not have personal standing, adding that no harm
to the Senator’s person or property had occurred. The Court further
held that Senator Dinniman lacked legislative standing to file the complaint,
finding that “none of the[] alleged injuries impact[ed] the Senator’s ability
to vote for or against legislation.”
Pipelines: Minnesota
Supreme Court Denies Petition to Review Enbridge Pipeline Replacement Project
and Final Environmental Impact Statement
On September 17, 2019,
the Minnesota Supreme Court Denied a Petition for Further Review of Enbridge Inc.’s Line 3 Pipeline
Replacement Project and Final Environmental Impact Statement (FEIS). The
Petition was filed by environmental groups after the Minnesota Court of Appeals
ruled that the “FEIS adequately analyzed potential impacts to GHG
emissions, potential impacts on historic and cultural resources, the relative
impacts of alternative routes, and cumulative potential effects.” (In re:
Applications of Enbridge Energy, Nos. PL-9/CN-14-916; PL-9/PPL-15-137,
38-39, June 2019). Enbridge Liquids Pipelines Executive Vice President, Guy
Jarvis, stated in a news release, “[w]e agree with this decision from the Minnesota Supreme Court
which now allows the Minnesota Public Utilities Commission to move forth with
the permitting process for the Line 3 replacement.” Enbridge’s Line 3 pipeline replacement project consists of “replacing
existing 34-inch pipe with new 36-inch pipe for 13 miles in North Dakota, 337
miles in Minnesota, and 14 miles in Wisconsin.” The project is
expected to be completed by the end of 2020.
State Regulation: South
Dakota District Court Temporarily Halts Enforcement of Some, But Not All, State
Riot-Boosting Statutes
On September 18, 2019,
the U.S. District Court for the District of South Dakota Western
Division temporarily enjoined some state statutes related to riot boosting
and felony riot. (Dakota Rural Action v. Noem, No. 19-5026). According
to the court, these riot-boosting statutes were introduced by the South Dakota
legislature as a way to address the costs of anticipated rioting resulting from
construction of the Keystone XL pipeline. The new riot boosting
statutes were added to “Liability for Torts” chapter 20-9 of the South Dakota Codified Laws
(SDCL). Many of the statutes were based on the SDCL “Riot and Unlawful Assembly” chapter 22-10. The Court temporarily
enjoined parts of SDCL § 20-9-54, but maintained liability for any person who "[u]pon the
direction, advice, encouragement, or solicitation of any other person, uses force
or violence.” The Court temporarily enjoined the part of SDCL § 20-9-56 that stated: “A defendant who solicits or compensates any other
person to commit an unlawful act or to be arrested is subject to three times a
sum that would compensate for the detriment caused.” Additionally, the
Court ordered SDCL § 20-9-55 and § 20-9-57 to remain in effect. The Court also ordered SDCL § 22-10-6 and § 22-10-6.1 to be temporarily enjoined in their entirety.
From the National Oil
& Gas Law Experts:
Charles Sartain, Spudding? Reworking? What are “Operations”
Under an Oil and Gas Lease?, (September 19, 2019)
Pennsylvania
Legislation:
HB 500: Recognizes the month of October 2019 as “Energy Awareness
Month” in Pennsylvania to build on national efforts of highlighting the
importance of energy conservation in protecting the environment and growing the
economy (Referred to Environmental Resources and Energy - September 18, 2019).
HB 1100: Amends the Tax Reform Code of 1971 to allow a tax credit for
energy and fertilizer manufacturers as part of the ‘Energize PA’ package (Third
consideration and final passage - September 19, 2019).
Pennsylvania Actions
and Notices:
Department of
Environmental Protection
Applications for National Pollutant Discharge
Elimination System (NPDES) permits and Water Quality Management (WQM) permits
Penn State
Research:
“Producer Seeks Dismissal of Closely Watched
'Rule of Capture' Case in Pennsylvania” - S&P Global Platts
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