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.
Pipelines: FERC Issues
Declaratory Order to Offer Interpretation of Eminent Domain Provision in
Natural Gas Act
On January 30, 2020, the
Federal Energy Regulatory Commission (FERC) granted in
part, and denied in part, a Petition for Declaratory Order filed by PennEast Pipeline
Company, LLC on October 4, 2019. In this petition, PennEast Pipeline
asked FERC to provide an interpretation of the scope of eminent domain
authority under NGA Section 7(h). PennEast initiated this petition after
the U.S. Court of Appeals for the Third Circuit ruled on September 10, 2019,
that PennEast was barred by the 11th Amendment from suing New Jersey to obtain
property using eminent domain (In re: PennEast Pipeline Co. LLC, No.
19-1191). In its order, FERC expressed a “strong belief that NGA section
7(h) empowers natural gas companies, and not the Commission, to exercise
eminent domain and that this authority applies to lands in which states hold
interest.” FERC noted, however, that
they have no authority to overrule the Third Circuit decision.
Methane Emissions: Penn
State Researchers Report Higher Level of Methane in the Air Compared to EPA’s
Measurements in South-Central United States
On January 27, 2020,
Penn State announced the publication of a study on methane emissions from oil
and gas infrastructure. The study was prepared by Penn State researchers
who gathered data with a NASA aircraft outfitted to measure atmospheric
conditions, including greenhouse gases. The researchers found that the U.S. oil
and gas industry is leaking more methane into the atmosphere than what was
initially reported by the U.S. Environmental Protection Agency, especially in
the states of Arkansas, Texas, Louisiana, and Oklahoma. Penn State News reported that “[t]he EPA
uses a bottom-up approach to estimate methane emissions from industry by
applying a value to each well and transport component. Penn State
researchers used a top-down approach, meaning the emissions were measured at
their endpoint, the atmosphere.” The
study was published in the Geophysical Research Letters and is entitled “Forward
Modeling and Optimization of Methane Emissions in the South Central United
States Using Aircraft Transects Across Frontal Boundaries.”
Wildlife Habitat: U.S.
Fish and Wildlife Service Issues Draft Recovery Plan for Rusty Patched Bumble
Bee
On January 24, 2020, the
U.S. Fish and Wildlife Service (FWS) announced the availability of a draft recovery plan for
the Rusty Patched Bumble Bee. FWS initially listed the Rusty Patched
Bumble Bee as endangered in 2017 and the draft recovery
plan provides a basis for
delisting the bee species from the Federal List of Endangered and Threatened
Wildlife and describes the necessary steps to protect its viability. The
public comment period on the draft plan is open and will run until February 24,
2020. This announcement comes several
months after the U.S. Court of Appeals for the Fourth Circuit vacated on July 26, 2019, a FWS 2018 Biological
Opinion, which concluded that the Atlantic Coast Pipeline project would not threaten
the survival and recovery of the Rusty Patched Bumble Bee, among other species
(Defenders of Wildlife v. Dept. of the Interior, No. 18-2090). In that case, the court found that FWS failed
to properly assess the impacts of the ACP project on the Rusty Patched Bumble
Bee’s recovery.
From the National Oil & Gas Law Experts:
John McFarland, ConocoPhillips
v. Ramirez - Devise of “all right, title and interest in and to Ranch ‘Las
Piedras’ did not include decedent’s mineral estate (Jan. 29, 2020)
U.S. Energy Information Agency, U.S. crude oil
and natural gas production increased in 2018, with 10% fewer wells (Feb. 3, 2020)
AGENCY PRESS RELEASES—STATE/FEDERAL
Pennsylvania
Department of Energy Press Releases:
DEP Provides
Funding to Help Counties with Water Quality Improvement in Chesapeake Bay
Watershed (January 29,
2020).
DEP Issues
Permits to PA Waste LLC for Proposed Camp Hope Run Landfill in Boggs Township,
Clearfield County (January 28, 2020).
U.S. Department of
Energy
Secretary
Brouillette Applauds IAEA For Selecting the United States to Host the 2021
Nuclear Power Ministerial (January 30, 2020).
Department of
Energy Announces $10 Million for Particle Accelerator Research for Medicine and
Industry (January 27,
2020).
U.S. Environmental
Protection Agency
EPA Offers
Opportunities for Pollution Prevention Technical Assistance Grants in Midwest (January 30, 2020).
EPA Advances
New Initiative to Reduce Polluting Emissions from Trucks in Arizona (January 30, 2020).
EPA Region 5
Tours Technical Center in Columbus, Ind., to Jumpstart Cleaner Trucks
Initiative (January 27,
2020).
STATE
ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania Executive
Agencies—Actions and Notices:
Department of
Environmental Protection
50 Pa.B. 740 “Pennsylvania's FAST Act Corridor Infrastructure
Grant Program; Availability of Grants” Notice (February 1, 2020).
50 Pa.B. 739 “Pennsylvania State Clean Diesel Grant Program;
Availability of Grants” Notice (February 1, 2020).
50 Pa.B. 739 “Marine and Rail Freight Movers Grant Program;
Availability of Grants” Notice (February 1, 2020).
Pennsylvania
Legislature:
S.B. 726 “will provide more clarity regarding permit
appeals from decisions made by the Department of Environmental Protection
(DEP).” Laid on the table [Senate] (January 28, 2020).
S.B. 727 “will shorten the term period a judge serves on
the Environmental Hearing Board’s membership from six to five years.”Laid on
the table [Senate] (January 28, 2020).
S.B. 258 “ intended to assist communication and
coordination between emergency management agencies and pipeline companies in
the event of a catastrophic release of natural gas or natural gas liquids in a
highly populated community” Removed from the table [Senate] (January 29,
2020).
S.B. 284 the purpose is to improve emergency response to
pipeline accidents by “it would require that Emergency Response Plans are not
only reviewed for regulatory compliance to federal ...[PHMSA] guidelines by the
PUC, but a complete, accurate and up to date copy is to be filed with the
Commission.” Removed from the table [Senate] (January 29, 2020).
FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive
Agencies—Actions and Notices:
Antitrust Division
Energy Department
85 FR 4654 “Office of Fossil Energy, Department of Energy:
Methane Hydrate Advisory Committee [February 26, 2020]” Notice (January
27, 2020).
Environmental Protection
Agency
85 FR 5578 “National Oil and Hazardous Substances
Pollution Contingency Plan; National Priorities List: Partial Deletion of the
Idaho Pole Co. Superfund Site” Rule (January 31, 2020).
Federal Energy
Regulatory Commission
85 FR 4962 “Medallion Pipeline Company, LLC; Notice of
Petition for Declaratory Order” Notice (January 28, 2020).
85 FR 4965 “Venture Global Delta LNG, LLC and Venture
Global Delta Express, LLC; Supplemental Notice of Intent for the Planned Delta
LNG and Delta Express Pipeline Project Request for Comments on Environmental
Issues Related to Project Modifications Under Consideration” Notice (January
28, 2020).
85 FR 4970 “Rover Pipeline LLC; Notice of Intent To
Prepare an Environmental Assessment for the Proposed Wick Meter & Regulator
Station Project and Request for Comments on Environmental Issues” Notice (January
28, 2020).
85 FR 4962 “Combined Notice of Filings [Tennessee Gas
Pipeline Company, L.L.C.; Northern Natural Gas Company; Gulf South Pipeline
Company, LLC; Pixelle Specialty Solutions LLC; Rockies Express Pipeline LLC]” Notice
(January 28, 2020).
85 FR 4978 “Combined Notice of Filings [Viking Gas
Transmission Company; Garden Banks Gas Pipeline, LLC; Transcontinental
Gas Pipe Line Company, LLC; Algonquin Gas Transmission, LLC]” Notice (January
28, 2020).
85 FR 5415 “Rover Pipeline LLC; Notice of Schedule for
Environmental Review of the Wick Meter and Regulator Station Project” Notice
(January 30, 2020).
85 FR 5424 “Magnolia LNG, LLC; Notice of Availability of
the Final Supplemental Environmental Impact Statement for the Proposed;
Magnolia LNG Production Capacity Amendment” Notice (January 30,
2020).
85 FR 5423 “Notice of Request for Confirmation or, in the
Alternative, Abbreviated Application for Amendment of Certificate of Public
Convenience and Necessity of Iroquois Gas Transmission, L.P.” Notice (January
30, 2020).
Indian Affairs Bureau
85 FR 5231 “Agency Information Collection Activities;
Submission to [OMB] for Review and Approval; Leasing of Osage Reservation Lands
for Oil and Gas Mining” Notice—Comment Period (January 29, 2020).
Interior Department
85 FR 5979 “Exxon Valdez Oil Spill Public Advisory
Committee [February 25, 2020]” Notice (February 3, 2020).
Land Management Bureau
85 FR 5018 “Submission to [OMB] for Review and Approval;
Surface Management Activities Under the General Mining Law” Notice—Comment
Period (January 28, 2020).
85 FR 5022 “Submission to [OMB] for Review and Approval;
Measurement of Oil” Notice—Comment Period (January 28, 2020).
85 FR 5019 “Submission to [OMB] for Review and Approval;
Measurement of Gas” Notice—Comment Period (January 28, 2020).
85 FR 5232 “Notice of Availability of the Record of
Decision for the Keystone XL Pipeline, Montana” Notice (January 29,
2020).
Ocean Energy Management
Bureau
85 FR 5234 “Agency Information Collection Activities;
Operations in the Outer Continental Shelf for Minerals Other Than Oil, Gas, and
Sulphur” Notice—Comment Period (January 29, 2020).
Pipeline and Hazardous
Material Safety Administration
85 FR 5549 “Pipeline Safety: Pipeline Research and
Development Forum” Notice—Comment Period (January 30, 2020).
Natural Resources
Revenue Office
85 FR 5033 “Submission to [OMB] for Review and Approval;
Federal Oil and Gas Valuation” Notice—Comment Period (January 28, 2020).
House Energy and
Commerce Committee Actions:
H.R.5430 “United States-Mexico-Canada Agreement
Implementation Act” Became Public Law No: 116-113 (January 29,
2020).
H.R.5718 “To establish a refund effective date for rates
and charges under the Natural Gas Act, and for other purposes” Referred to
the House Committee on Energy and Commerce (January 30, 2020).
Senate Energy and
Natural Resources Committee Actions:
S.3247 “A bill to ban the practice of hydraulic
fracturing, and for other purposes” Read twice and referred to the Committee
on Energy and Natural Resources (January 28, 2020).
S.2508 “Promoting American Energy Jobs Act of 2019” Committee
on Energy and Natural Resources filed written report (January 28, 2020).
S.2393 “Clean Energy Jobs Act of 2019” Committee on
Energy and Natural Resources filed written report (January 28, 2020).
Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive ShaleLaw HotLinks:
“Oil Industry Climate Suits Have Poor Track Record,” Rigzone
“Oil Industry Climate Suits Have Poor Track Record,” Rigzone
“Magistrate
Finds Pipeline Opponents Guilty In Trespass Case That Exposes Tensions Between
Residents And Pipeline Construction,” Stateimpact Pennsylvania
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.
Check out the January
Agricultural Law Brief ! Each month we compile the most significant 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