Sara Jenkins – Research
Assistant
Jackie Schweichler –
Staff Attorney
Brennan Weintraub –
Research Assistant
The following information is an update of recent local, state,
national and international legal developments relevant to shale gas.
Water Quality: Study
Examines Hydraulic Fracturing and Pennsylvania Watersheds
On February 3, 2020, the
Proceedings of the National Academy of Sciences (PNAS) published a study that focused on shale gas development in 25 watersheds over a
two-year period. The Pennsylvania State Forests (PASF) area
was chosen for the study because the area has “few other potential
anthropogenic stressors” on streams while containing a “gradient of shale gas
development under a consistent regulatory structure.” The
researchers found no chemical or microbial impact or connection between
hydraulic fracturing and the watersheds. The study, however, did identify a possible
relationship between sediment caused by increased traffic – on developer’s
unpaved roads and well pads – and the streams’ microbiota.
The research was funded by several groups including the US Geological Survey, the
Institute for Geosciences, the Pennsylvania Department of Conservation and
Natural Resources, and the Pennsylvania Department of Environmental
Protection. The study is titled “Shale
gas development has limited effects on stream biology and geochemistry in a
gradient-based, multiparameter study in Pennsylvania.”
Pipelines: Texas Court
Denies Restraining Order, Allowing Kinder Morgan Pipeline Construction to Move
Forward
On February 14, 2020,
the U.S. District Court for the Western District of Texas denied a temporary restraining order (TRO), allowing Kinder Morgan to begin construction of its natural gas pipeline. The TRO was filed by the City of Austin,
Travis County, and other parties objecting to the pipeline’s construction. The plaintiffs were concerned that pipeline
construction requires clearing land containing habitat for the endangered
Golden-cheeked Warbler. In
considering a TRO, a court must determine whether the plaintiff has met their
burden to prove “that irreparable harm will result if the [TRO] is not
granted.” The court here found that the plaintiffs did not meet
this burden and explained that the U.S. Fish and Wildlife Service’s (FWS)
Biological Opinion determined that clearing land for the pipeline’s
construction “was ‘not likely to jeopardize the continued existence’ of the
warbler.” The court
further noted that according to FWS, only 0.04% of the breeding habitat would
be affected. Further, the incidental
take statement issued by FWS prohibited Kinder Morgan from “clearing vegetation
within the warbler habitat from March 1 to July 31.” The court
ultimately concluded that irreparable harm was not proven because “the injury
is limited in terms of takes and destruction of habitat due and the effect will
be mitigated by [] conservation measures.”
Pipelines: FERC Issues
Final Environmental Impact Statement for Mountain Valley Pipeline’s Southgate
Project
On February 14, 2020,
the Federal Energy Regulatory Commission (FERC) issued a Final Environmental Impact Statement (EIS) for Mountain Valley Pipeline’s Southgate
Project (MVP). According
to MVP, the proposed natural
gas pipeline system “will receive gas from the Mountain Valley Pipeline in
Pittsylvania County, Virginia and extend approximately 75 miles south to . . .
Rockingham and Alamance Counties, North Carolina.” FERC issued a press release explaining that the Southgate project “would
result in some adverse environmental impacts, but these impacts would be
reduced to less-than-significant levels through implementation of our
recommendations and Mountain Valley’s proposed avoidance, minimization, and
mitigation measures.” FERC considered
that 49 percent of the pipeline route would be constructed along existing
rights-of-way and that “Mountain Valley would minimize impacts on natural and
cultural resources during construction and operation of the Project” by
implementing project specific plans. FERC also responded to comments on the draft EIS before issuing the Final
statement.
Pipelines: North Dakota
Commission Approves Permit for Additional Pump Station Expanding Capacity of
Dakota Access Pipeline
On February 19, 2020,
the North Dakota Public Service Commission approved a permit for a pump station to be added to the Dakota Access
Pipeline in Emmons County. The additional pump station will “allow the
pipeline to increase its current maximum capacity of 600,000 barrels [of crude
oil] per day to up to 1.1 million barrels [] per day.” The Commission held an
evidentiary hearing on the proposal which consisted of expert and public
testimony. The Commission also
considered written comments, petition signatures, and other filings related to
the pump station proposal. The
Commission’s approval includes several provisions that Dakota Access, LLC will
have to comply with during construction and operation of the pump station. Some
of the provisions include setting maximum operating pressures, requiring remote
leak protection, and setting maximum sound levels at the station.
From the National Oil
& Gas Law Experts:
AGENCY PRESS
RELEASES—STATE/FEDERAL
U.S.
Department of Energy
Department of Energy Announces $38.5 Million
to Develop Technology to Rehabilitate Natural Gas Distribution Pipelines (Feb. 18, 2020)
U.S.
Environmental Protection Agency
EPA Continues to Act on PFAS, Proposes to
Close Import Loophole and Protect American Consumers (Feb. 20, 2020)
STATE
ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania
Legislature:
The House will reconvene
on Monday, March 16, 2020 at 1:00PM
The Senate will
reconvene on Monday, March 16, 2020 at 1:00PM unless sooner recalled by the
Pres. Pro Temp.
FEDERAL
ACTIONS—EXECUTIVE/LEGISLATIVE
Federal
Executive Agencies—Actions and Notices:
Federal Energy
Regulatory Commission
85 FR 9469 “Iroquois Gas Transmission System, L.P.; Notice of Application” Notice
(February 19, 2020)
85 FR 10428 “Betelgeuse Energy, LLC v. Paso Natural Gas Company, LLC; Notice
of Complaint” Notice (February 24, 2020)
Foreign-Trade Zones
Board
85 FR 9734 “Foreign-Trade Zone (FTZ) 122-Corpus Christi, Texas, Authorization
of Production Activity, Cheniere Energy, Inc. (Liquefied Natural Gas
Processing), Portland, Texas” Notice (February 20, 2020)
Interior Department
85 FR 10548 “Deepwater Horizon Oil Spill Final Restoration Plan #1.3 and
Environmental Assessment: Rabbit Island Restoration and Shoreline Protection at
Jean Lafitte Historical National Park and Preserve and Finding of No
Significant Impact; Louisiana Trustee Implementation Group” Notice
(February 24, 2020)
Land Management Bureau
85 FR 10187 “Notice of Availability of the Final Environmental Impact
Statement for the Moneta Divide Natural Gas and Oil Development Project and
Proposed Casper Resource Management Plan Amendment, WY” Notice (February
21, 2020)
“Study Funded in Part by PA DEP Finds No
Evidence Fracking Waste Harming Pennsylvania Streams,” Pennsylvania Business Report
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