Written by:
Sara Jenkins – Research
Assistant
Jackie Schweichler –
Staff Attorney
Kaela Gray – Research
Assistant
The following information is an update of recent local, state,
national and international legal developments relevant to shale gas.
Pipelines: Court of
Appeals Grants Administrative Stay Temporarily Halting Shutdown of Dakota
Access Pipeline
On July 14, 2020 the U.S
Court of Appeals for the District of Columbia Circuit issued an administrative stay, temporarily halting a District Court order to
shutdown and empty the Dakota Access Pipeline. (Standing Rock Sioux Tribe v.
U.S. Army Corps of Engineers, No. 20-5197). Previously, on July 6, 2020, the District
Court for the District of Columbia ordered that the Dakota Access Pipeline be emptied and shut down within
30 days. (district court case No. 16-1534, p. 24). Then, on July 9, 2020, the District Court
denied an emergency motion to stay the court’s July 6th shutdown order, stating
that it did not see a basis to grant a stay. (p. 2, July 9 order). Subsequently, on July 13, 2020, the Army Corps
of Engineers (Corps) filed a Notice of Appeal for the July 9th order and other
orders in the case. Ultimately, the
Court of Appeals granted an administrative stay of the July 6th shutdown order
to give it more time to consider the emergency motion for stay. The court explained that the administrative
stay was not a ruling on the merits of the emergency motion for stay. The court further ordered the Standing Rock
Sioux Tribe to file a response to the emergency motion to stay by July 20,
2020. If you want to read more about the District cCurt’s July 6th shutdown
order, check out our summary here.
National Energy Policy:
U.S. Council on Environmental Quality Issues Final Rule Amending NEPA
Requirements
On July 9, 2020, the
U.S. Council on Environmental Quality (CEQ) issued a Final Rule that updates procedural provisions in the National Environmental
Policy Act (NEPA). According to the rule
summary, the updates were made to reduce paperwork and delays, while improving
interagency coordination. NEPA’s
procedural requirements apply when a major federal action will significantly
affect the environment. (p. 12, Final Rule). NEPA requires federal agencies to prepare
detailed statements on the environmental impacts of their proposed actions,
including adverse impacts and alternatives. (p. 12). The CEQ had not updated NEPA regulations since
they were first issued in 1978. (summary). The Trump Administration issued a fact sheet on the updates, noting that the final rule requires environmental
assessments to be completed within one year and environmental impact statements
to be completed within two years. The rule will take effect 60 days after
publication in the Federal Register.
Infrastructure: New
Mexico Receives Federal Grant for Underground Oil Storage Tank Program
On July 16, 2020, the
U.S. Environmental Protection Agency (EPA) awarded the New Mexico Environment Department a grant to support its
underground oil storage tank program. The grant was issued in the amount of
$553,000 to help clean up petroleum leaks and address additional issues caused
by petroleum or hazardous substance leaks. According to EPA’s press release, an
underground storage tank system consists of a tank and pipeline made of steel. However, the steel can corrode over time,
causing leaks that could seep into soil or groundwater. EPA Regional Administrator, Ken McQueen,
issued a statement saying that the funding was necessary to support New Mexico
in taking “corrective action against leaks.”
LNG Exports: FERC
Approves Delfin LNG Project Extension in Louisiana
On July 15, 2020, the
Federal Energy Regulatory Commission (FERC) approved an extension of time for Delfin LNG, LLC to complete its onshore
liquified natural gas (LNG) export facilities in Cameron Parish, Louisiana. (p.
1). In September 2017, Delfin was issued
a certificate of public convenience and necessity for metering, compression,
and piping facilities used to transport LNG to Delfin’s planned offshore export
facilities. (p. 1). In its extension
request, Delfin explained that U.S. trade disputes with China and the COVID-19
pandemic have impacted LNG market conditions, making it difficult to secure
certain trade agreements for the project. (p. 2). The extension would allow Delfin more time to
negotiate offtake and supply agreements as well as bring the facilities into
service. (p. 2). The extension approval
gives Delfin until September 28, 2021, to complete the onshore facilities. (p.
2).
Municipal Regulation:
Colorado County Extends Moratorium on New Oil and Gas Development
Applications
On July 14, 2020, the
Boulder County Board of County Commissioners (BOCC) extended a moratorium on
new oil and gas development applications. According to the county’s news release, the moratorium was initially issued to give county staff time to
revise regulations on oil and gas development and seismic testing in
consideration of Senate Bill 19-181, passed in April 2019. SB
19-181 gives local governments the power to regulate surface impacts of oil and
gas operations and to issue regulations to minimize negative health or
environmental impacts. (p. 3). During
the public hearing, county commissioners unanimously passed a
motion to extend the moratorium to December 31, 2020. T he news release further
states that the majority of public comments received before the hearing
supported a moratorium extension. To
read more about SB 19-181, check out our summary here.
From the National Oil & Gas Law Experts:
Charles Sartain, The Fracking Fracas, Part 2 (July 15, 2020).
David Sweeney, Niki
Roberts, Anthony Hilbert, Context Matters: Measuring the Validity of
Blanket Conveyances
(July, 14 2020).
John McFarland, The Saga of the Dune Sagebrush Lizard
Continues (July 16, 2020).
AGENCY PRESS RELEASES—STATE/FEDERAL
Pennsylvania
Department of Energy Press Releases:
No new releases July 9–20,
2020.
U.S.
Department of Energy
Secretary Brouillette and Minister Dharmendra
Pradhan to Hold Press Briefing Call On U.S.–India Strategic Energy Partnership
Ministerial (July 16, 2020).
U.S.
Environmental Protection Agency
EPA Awards N.M. Over $553,000 To Maintain An
Effective Underground Storage Tank Program (July 16, 2020).
STATE ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania
Executive Agencies—Actions and Notices:
No relevant actions July
13-20, 2020.
Pennsylvania
Legislature:
No relevant actions July
13-20, 2020.
FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE
Federal
Executive Agencies—Actions and Notices:
Energy Department
85 FR 42376 “Jordan Cove Energy Project, LP” Authority to Import and
Export Natural Gas, etc.- Notice (July 14, 2020).
Environmental Protection
Agency
85 FR 41920 “New Hampshire; Negative Declaration for the Oil and Gas
Industry” Rule (July 13, 2020).
85 FR 43187 “Virginia; Negative Declarations Certification for the 2008 Ozone
National Ambient Air Quality Standard including the 2016 Oil and Natural Gas
Control Techniques Guidelines” Air Quality State Implementation Plans;
Approvals and Promulgations- Proposed Rule (July 16, 2020).
85 FR 43193 “Deletion of the Tulsa Fuel and Manufacturing Superfund Site” National
Oil and Hazardous Substances Pollution Contingency Plan; National Priorities
List- Proposed Rule (July 16, 2020).
Federal Energy
Regulatory Commission
85 FR 41971 “Gulf Run and Line CP Modifications Project; Enable Gas
Transmission, LLC, Enable Gulf Run Transmission, LLC” Revised Schedule for
Environmental Review- Notice (July 13, 2020).
85 FR 42380 “Inquiry Regarding the Commission's Policy for Determining Return
on Equity; Five-Year Review of the Oil Pipeline Index” Establishing Date for
Filing Updated Data- Notice (July 14, 2020).
85 FR 42851 “Tennessee Gas Pipeline Co., LLC; Southern Natural Gas Co., LLC;
Evangeline Pass Expansion Project” Environmental Assessments; Availability,
etc.- Notice (July 15, 2020).
International Trade
Administration
85 FR 41949 “Certain Oil Country Tubular Goods From the Republic of Korea” Notice
(July 13, 2020).
House
Energy and Commerce Committee Actions:
No relevant actions July
13-20, 2020.
Senate
Energy and Natural Resources Committee Actions:
No new actions July
2–20, 2020.
Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive ShaleLaw HotLinks:
“Methane
Pollution Increased, Driven In North America By Fracking, As Advocates Accuse
Gas Industry Of Greenwashing,” New York Times
“Nixon
Signed This Key Environmental Law. Trump Plans To Change It To Speed Up Pipelines,
Highway Projects And More,”
Washington Post
“Tribal
Lands Ruling: 'Total Chaos' for Oil?,” EE News
“Q&A:
Terry Engelder, Penn State Scientist Whose Work Led To The Shale Gas Boom,
Talks About Grand Jury Report On Fracking” State Impact
“Judge
Won't Undo Dakota Access Shutdown,” EE News
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.
No comments:
Post a Comment