Chloe Marie – Research
Specialist
Jackie Schweichler –
Staff Attorney
Audry Thompson – Research
Assistant
The following information is an update of recent local, state,
national and international legal developments relevant to shale gas.
Climate Change: Federal Court
Dismisses Climate Change Lawsuit for Lack of Standing
On January 17, 2020, the
U.S. Court of Appeals for the 9th Circuit dismissed the Juliana v. United States climate change case, sending
it back to the district court on the grounds that the children and youth
plaintiffs did not meet Article III standing requirements (Juliana et al. v.
United States of America, No. 6:15-cv-01517). In September 2015, a
group of youth and children brought legal actions in the U.S. District Court for Oregon against
the United States, alleging that the federal government failed to respond to
climate change and should now be held responsible for the consequences of its
negligence to take action. In its opinion, the Court of Appeals
“reluctantly conclude[d] . . . that the plaintiffs’ case must be made to the
political branches or to the electorate at large.” The court explained that the plaintiffs
failed to meet standing requirements because the injuries claimed by the plaintiffs
could not be resolved by the court. In a Press Release issued on the same day, Plaintiffs’ Attorney
Julia Olson declared that they will appeal this decision.
LNG: Attorneys General
from 15 States Oppose PHMSA Proposed Rule Allowing LNG Shipment by Rail
On January 13, 2020,
Attorney Generals from the states of Maryland, New York, California, Delaware,
Illinois, Massachusetts, Michigan, Minnesota, New Jersey, North Carolina,
Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of
Columbia submitted a public comment opposing a proposed rule allowing for
additional liquefied natural gas shipments by rail. The proposed rule, Hazardous Materials: Liquefied Natural Gas by
Rail, was issued on October 24, 2019, by the Pipeline
and Hazardous Materials Safety Administration (PHMSA). The proposed rule
would allow liquefied natural gas (LNG) to be shipped via rail tank cars, which
is currently prohibited. The Attorneys General wrote that LNG shipment in rail
tank cars would pose a serious threat to public safety, including to states’
residents and first responders. According to the Attorneys General, PHMSA
neglected to make a proper analysis of those risks and did not sufficiently
assess climate change and environmental impacts of shipping LNG via rail tank
cars. Through the comment, the Attorneys
General request that the agency withdraw the proposed rule and await the
results of ongoing safety tests by the Federal Railroad Administration.
Pipelines: Appellate Court
Asks Maine Supreme Court for Legal Clarification over State Law Preemption
Doctrine
On January 10, 2020, the
U.S. Court of Appeals for the First Circuit deferred to the Maine Supreme
Judicial Court and requested clarification on the state law doctrine of preemption and
matters of statutory interpretation in a case involving crude oil
transportation from Canada to South Portland, Maine (Portland Pipe Line
Corp. et al. v. City of So. Portland, et al., No. 18-2118). In their
initial lawsuit, Portland Pipe Line Corporation (Portland Pipe Line) objected
to the City of South Portland’s Clear Skies Ordinance, enacted in July 2014, which prohibits the
loading of crude oil in the South Portland harbor. The ordinance
effectively blocked Portland Pipe Line from transporting oil from Canada to
South Portland, Maine. Portland Pipe Line argued that this ordinance violates
Maine’s Coastal Conveyance Act and federal constitutional law (Portland Pipe
Line Corp. et al. v. City of So. Portland, et al., No.
2:15-cv-00054). In that case, the court held that the ordinance did not
impose excessive foreign or interstate commerce burdens. Here, the Court
of Appeals certified three questions to the Maine Supreme Judicial Court. The questions focus on whether the City
Ordinance is expressly or impliedly preempted by the Coastal Conveyance Act
(CCA), which authorizes the issuance of licenses for oil transfers in state
waters.
From the National Oil & Gas Law Experts:
U.S. Energy Information Agency, EIA expects U.S. energy-related CO2 emissions
to decrease annually through 2021 (Jan. 17, 2020)
U.S. Energy Information Agency, EIA forecasts slower growth in natural-gas
fired generation while renewable energy rises (Jan. 16, 2020)
Pennsylvania Department of
Energy Press Releases:
Pennsylvania Executive Agencies—Actions and Notices:
Department of Labor and
Industry
Pennsylvania
Legislature:
H.B. 2233 “An Act amending Title 75 (Vehicles) of the Pennsylvania
Consolidated Statutes, in liquid fuels and fuels tax, further providing for definitions,
providing for exempt entity use, sale and delivery of tax-free motor fuels and
further providing for examination of records and equipment” Referred to
Transportation [House] (January 17, 2020).
S.B. 790 “An Act relating to conventional wells and the development of
oil, gas and coal; imposing powers and duties on the Department of
Environmental Protection; providing for preliminary provisions, for general
requirements, for enforcement and remedies, for related funds and for
miscellaneous provisions; and making an appropriation” Re-referred to
Appropriations (January 15, 2020).
H.B. 247 “This legislation will provide for a process and accounting
mechanism to allow well bores to cross multiple units provided the operator has
the right to drill wells on the units via leases with all landowners/members of
the units.” Removed from table [House] (January 15, 2020).
S.B. 790 “An Act relating to conventional wells and the development of
oil, gas and coal; imposing powers and duties on the Department of
Environmental Protection; providing for preliminary provisions, for general
requirements, for enforcement and remedies, for related funds and for
miscellaneous provisions; and making an appropriation” Removed from table
[House] (January 14, 2020).
H.B. 2198 “A Joint Resolution proposing an amendment to the Constitution of
the Commonwealth of Pennsylvania, in restrictions on legislative power relating
to legislation, providing for interstate compacts” Referred to State
Government [House] (January 10, 2020).
Federal Executive
Agencies—Actions and Notices:
Energy Department
85 FR 2419 “President's Council of Advisors on Science and Technology
Meeting [Feb. 3 & 4, 2020]” Notice (January 15, 2020).
Environmental Protection Agency
85 FR 3306 “Control of Air Pollution From New Motor Vehicles: Heavy-Duty
Engine Standards” Proposed Rule—Comment Period (January 21, 2020).
85 FR 3492 “Federal Implementation Plan for Managing Emissions From Oil and
Natural Gas Sources on Indian Country Lands Within the Uintah and Ouray Indian
Reservation in Utah” Proposed Rule—Comment Period (January 21, 2020).
Federal Energy
Regulatory Commission
85 FR 3366 “Combined Notice of Filings #1 [Innovative Solar 42, LLC.;
Oklahoma Wind, LLC.; Sooner Wind, LLC.; Pacific Gas and Electric Company;
Southwest Power Pool, Inc.; High Desert Power Project, LLC; Tri-State
Generation and Transmission Association, Inc.; Duke Energy Progress, LLC;
Tucson Electric Power Company; Appalachian Power Company, PJM Interconnection,
L.L.C.]” Notice—Comment Periods (January 21, 2020).
85 FR 3363 “Combined Notice of Filings [Transcontinental Gas Pipe Line
Company, LLC; East Tennessee Natural Gas, LLC; Dominion Energy Carolina Gas
Transmission LLC; Equitrans, L.P.; Guardian Pipeline, L.L.C.; Midwestern Gas
Transmission Company; OkTex Pipeline Company, L.L.C.; Viking Gas Transmission
Company]” Notice—Comment Periods (January 21, 2020).
85 FR 3365 “Combined Notice of Filings #1 [Refresh Wind, LLC; Exelon
Generation Company, LLC; Axium Modesto Solar, LLC; Constellation Power Source
Generation, LLC; Handsome Lake Energy, LLC; Rhode Island Engine Genco, LLC;
Midcontinent Independent System Operator, Inc.; ISO New England Inc.;
MidAmerican Energy Company; Emera Maine; Source Power & Gas LLC; Tri-State
Generation and Transmission Association, Inc.; Baltimore Gas and Electric
Company, PJM Interconnection, L.L.C.]” Notice—Comment Periods (January
21, 2020).
85 FR 3367 “Combined Notice of Filings [Rockies Express Pipeline LLC;
Adelphia Gateway, LLC]” Notice—Comment Periods (January 21, 2020).
85 FR 2733 “Combined Notice of Filings #1 [Southwest Power Pool, Inc.;
Southern California Edison Company; PJM Interconnection, L.L.C.; ITC Midwest
LLC; ]” Notice—Comment Periods (January 16, 2020).
85 FR 2733 “Questar Southern Trails Pipeline Company; Notice of Filing” Notice—Comment
Period (January 16, 2020).
85 FR 2731 “Portland Natural Gas Transmission System; Notice of Schedule for
Environmental Review of the Westbrook Xpress Project” Notice (January
16, 2020).
85 FR 2420 “Combined Notice of Filings #1 [PJM Interconnection, L.L.C.; ISO
New England Inc.; PacifiCorp] Notice—Comment Periods (January 15, 2020).
85 FR 2420 “Combined Notice of Filings [Gas Transmission Northwest LLC;
Rockies Express Pipeline LLC; Spire STL Pipeline LLC; NEXUS Gas Transmission, LLC;
Equitrans, L.P. ] Notice—Comment Periods (January 15, 2020).
85 FR 2420 “Notice of Filing [Enable Mississippi River Transmission, LLC] Notice
(January 15, 2020).
85 FR 2126 “Commission Information Collection Activities (FERC-577); Comment
Request; Extension [Natural Gas Facilities: Environmental Review and
Compliance]” Notice—Comment Period (January 14, 2020).
85 FR 2123 “Dominion Energy Questar Pipeline, LLC; Notice of Application” Notice—Comment
Periods (January 14, 2020).
85 FR 2126 “Combined Notice of Filings #1 [El Paso Electric Company, Sun
Jupiter Holdings LLC; ISO New England Inc.; New York State Electric & Gas
Corporation, New York Independent System Operator, Inc.]” Notice—Comment
Periods (January 14, 2020).
85 FR 2126 “Combined Notice of Filings [Florida Gas Transmission Company,
LLC; Millennium Pipeline Company, LLC; Enable Mississippi River Transmission,
LLC]” Notice—Comment Periods (January 14, 2020).
85 FR 2124 “Combined Notice of Filings #2 [Midcontinent Independent System
Operator, Inc.; Duke Energy Carolinas, LLC; GridLiance Heartland LLC; Emera
Maine; Southern California Edison Company; Public Service Company of Colorado;
Midcontinent Independent System Operator, Inc., ITC Midwest LLC; North Jersey
Energy Associates, A Limited Partnership; Pacific Gas and Electric Company]” Notice—Comment
Periods (January 14, 2020).
85 FR 2127 “Combined Notice of Filings #1 [Northeast Energy Associates, A
Limited Partnership, North Jersey Energy Associates, A Limited Partnership,
Vistra Energy Corp., NextEra Energy, Inc.; Virginia Electric and Power Company,
Dominion Energy Generation Marketing, Inc.; Appalachian Power Company, PJM
Interconnection, L.L.C.; Actual Energy, Inc.; PacifiCorp; Arizona Public
Service Company; PJM Interconnection, L.L.C.; AEP Texas Inc.; Dominion Energy
South Carolina, Inc.; El Paso Electric Company]” Notice—Comment Periods
(January 14, 2020).
85 FR 2124 “Actual Energy, Inc.; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization”
Notice (January 14, 2020).
Internal Revenue Service
85 FR 3486 “Credit for Indian Coal Production and Inflation Adjustment
Factor for Calendar Years 2018 and 2019” Notice (January 21,
2020).
International Trade
Administration
85 FR 2110 “Renewable Energy and Energy Efficiency Advisory Committee [Feb.
6, 2020]” Notice (January 14, 2020).
International Trade
Commission
85 FR 3419 “Oil Country Tubular Goods (OCTG) From India, Korea, Turkey,
Ukraine, and Vietnam; Scheduling of Full Five-Year Reviews” Notice
(January 21, 2020).
Land Management Bureau
85 FR 2757 “Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Oil and Gas Facility
Site Security” Notice—Comment Period (January 16, 2020).
Maritime Administration
85 FR 2808 “Deepwater Port License Application: Texas COLT LLC; Correction” Notice—Comment
Period (January 16, 2020).
Mine Safety and Health
Administration
Pipeline and Hazardous
Materials Safety Administration
85 FR 2812 “Hazardous Materials: Notice of Actions on Special Permits” Notice—Comment
Period (January 16, 2020).
85 FR 2813 “Hazardous Materials; Notice of Applications for New Special
Permits” Notice—Comment (January 16, 2020).
House Energy and Commerce
Committee Actions:
H.R.5430 “United States-Mexico-Canada Agreement Implementation Act” Message
on Senate action sent to the House (January 16, 2020).
H.R.5545 “NO EXHAUST Act of 2020” Forwarded by Subcommittee to Full
Committee by Voice Vote (January 9, 2020).
H.R.5542 “To require the Secretary of Energy to establish a grant program
for States to provide incentives to natural gas distribution companies for the
improvement of natural gas distribution systems, and for other purposes” Forwarded
by Subcommittee to Full Committee by Voice Vote (January 9, 2020).
H.R.5541 “Tribal Power Act” Forwarded by Subcommittee to Full Committee
by Voice Vote (January 9, 2020).
H.R.5527 “21st Century Power Grid Act” Forwarded by Subcommittee to
Full Committee by Voice Vote (January 9, 2020).
H.R.5518 “To require the Secretary of Energy to carry out a Clean Cities
Coalition Program, and for other purposes” Forwarded by Subcommittee to Full
Committee by Voice Vote (January 9, 2020).
H.R.3361 “Reliable Investment in Vital Energy Reauthorization Act” Forwarded
by Subcommittee to Full Committee by Voice Vote (January 9, 2020).
H.R.3079 “Energy Savings Through Public-Private Partnerships Act of 2019” Forwarded
by Subcommittee to Full Committee by Voice Vote (January 9, 2020).
H.R.2906 “Clean Commute for Kids Act of 2019” Forwarded by Subcommittee
to Full Committee by Voice Vote (January 9, 2020).
H.R.1426 “Timely Review of Infrastructure Act” Forwarded by
Subcommittee to Full Committee by Voice Vote (January 9, 2020).
Senate Energy and
Natural Resources Committee Actions:
S.3202 “A bill to discourage speculative oil and gas leasing and to
promote enhanced multiple use management of public land and National Forest System
land, and for other purposes” Read twice and referred to the Committee on
Energy and Natural Resources (January 16, 2020).
Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive ShaleLaw HotLinks:
“The battle over pipelines, population and property rights in Texas’ Hill Country,” The Daily Climate
“The battle over pipelines, population and property rights in Texas’ Hill Country,” The Daily Climate
“Environmentalists, Oregon senators oppose DOT
increasing transport of natural gas by rail,” The Hill
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