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.
Pipelines: Federal
District Court Denies Stay Regarding Keystone XL Pipeline Permit Decision
On
April 28, 2020, the U.S. District Court for the District of Montana denied a request to stay an April 15, 2020, order issued
by the court to vacate a Nationwide Permit 12 (NWP) for the Keystone XL
pipeline. (Northern Plains Resource Council v. U.S. Army Corps of Engineers,
No. CV-19-44-GF-BMM). The U.S. Army
Corps of Engineers filed the request for partial stay pending appeal of the
case and requested an expedited briefing on the issue. (order p. 1). The Corps specifically requested that
paragraphs five and six of the April 15th order be stayed. (order p. 1). Paragraph five vacated the NWP 12 pending
consultation with the U.S. Fish and Wildlife Service and compliance with all
environmental laws. (April 15 order, p. 26). Paragraph six stops the Corps from allowing
any dredge or fill activities under NWP 12, also pending consultation and
compliance with environmental laws. The court
denied the request for a stay of paragraphs five and six, but granted an
expedited schedule to brief the issue. All
of the parties briefing documents are scheduled to be filed with the court by
May 8, 2020. Read more about the court’s
April 15th order here.
Wastewater Disposal:
Pennsylvania Department of Environmental Protection Approves Underground
Wastewater Injection Well
On
April 15, 2020, the Pennsylvania Department of Environmental Protection (DEP)
issued a permit for an underground injection control well
for disposal of wastewater used in oil and gas production. Penneco Environmental Solutions, LLC applied
for the permit to convert its existing well, Sedat 3A, into a disposal well. In a news release announcing approval of the well, DEP
explained that the well was approved following a public hearing where related
comments and testimony were received. The
permit includes several conditions that must be met before disposal activities
can begin at the well site. The permit
requires Penneco to create a seismic monitoring and mitigation plan that
includes seventeen specific components listed in the permit. (permit, p. 1-3). Other predisposal conditions require that
Penneco obtain a permit to convert their Sedat #1 well into a monitoring well
to track the injected fluid levels. (permit p. 3).
Methane
Emissions: Environmental Defense Funds Releases Study on Methane Emissions in
the Permian Basin
On
April 29, 2020, the Environmental Defense Fund released data in its Permian
Methane Analysis Project (PermianMAP), concluding that flaring activities
were one of the largest sources of methane emissions in the Permian Basin.
(aerial survey results). PermianMAP
gathered data from helicopter surveys of the Delaware and
Midland basins in Texas. Using data
collected with infrared cameras through February and March 2020, the surveys
found that 11% of flares were either malfunctioning or unlit within the study
area. (helicopter survey map). Further,
the study found that unlit flares were venting “completely uncombusted methane”
into the atmosphere. (aerial survey results). The study ultimately concluded that companies
in the region are “emitting 3.5 times more methane than what the Environmental
Protection Agency assumes.” (aerial survey results). In a more detailed publication of the
project’s methodology, PermianMAP explained that the project’s
data collection and analysis was implemented through a combination of aerial,
ground, and flaring surveys. Penn State
researchers were involved in calculating total methane emissions for the region
(methodology p. 5).
From the National Oil & Gas Law Experts:
John McFarland, Texas Railroad Commission: Commissioner
Sitton’s Proposed Proration Order to Be Considered May 5th; Commissioner Christian
Opposed (Apr. 30, 2020)
Hillary Aidun, Local Governments Across the Country File
Legal Brief Challenging EPA’s Failure to Address Power Plant Pollution (Apr. 24, 2020)
AGENCY PRESS
RELEASES—STATE/FEDERAL
Pennsylvania
Department of Energy Press Releases:
No new releases Apr.
27–May 4, 2020.
U.S.
Department of Energy
No new releases Apr.
27-May 4, 2020.
U.S.
Environmental Protection Agency
EPA Provides $1 Million Grant to Help South
Carolina Address Leaking Underground Petroleum Storage Tanks (Apr. 28, 2020)
EPA Highlights Enforcement Actions Against Those
Who Violate the Defeat Device and Tampering Prohibitions Under the Clean Air
Act (Apr. 30, 2020)
STATE
ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania
Executive Agencies—Actions and Notices:
No actions May 4,
2020.
Pennsylvania
Legislature:
FEDERAL
ACTIONS—EXECUTIVE/LEGISLATIVE
Federal
Executive Agencies—Actions and Notices:
Energy Department
Environmental Protection
Agency
85 FR 23825 “Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for VOC Emissions From Petroleum Refinery
Wastewater Systems (Renewal)” Notice (April 29, 2020)
Federal Energy
Regulatory Commission
85 FR 23512 “Carbon Pricing in FERC-Jurisdictional Organized Regional Wholesale
Electric Energy Markets; Notice of Request for Technical Conference or
Workshop” Notice (April 28, 2020)
85 FR 23513 “Questar Southern Trails Pipeline Company; Notice of Extension of
Time Request” Notice (April 28, 2020)
85 FR 23517 “Golden Pass LNG Terminal LLC and Golden Pass Pipeline LLC;
Notice of Application to Amend Section 3 and Section 7 Authorizations” Notice
(April 28, 2020)
85 FR 23953 “Transcontinental Gas Pipe Line Company, LLC; Notice of
Availability of the Environmental Assessment for the Proposed Northeast Supply
Enhancement Project Amendment” Notice (April 30, 2020)
85 FR 26450 “Gulf South Pipeline Company, LLC; Notice of Request Under
Blanket Authorization” Notice (May 4, 2020)
85 FR 26453 “Enable Gas Transmission, LLC, Enable Gulf Run Transmission, LLC;
Notice of Schedule for Environmental Review of the Gulf Run and Line CP
Modifications Project” Notice (May 4, 2020)
House
Energy and Commerce Committee Actions:
No new actions Apr.
27-May 4, 2020.
Senate
Energy and Natural Resources Committee Actions:
No new actions Apr.
27-May 4, 2020.
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