Written by:
Sarah Straub – Research
Assistant
Jackie Schweichler –
Staff Attorney
The following information is an update of recent local, state,
national and international legal developments relevant to shale gas.
Wildlife Habitat:
Federal Judge Modifies Order Vacating Leases Pending Appeal
On August 25, 2020, the
U.S. District Court in Montana entered an order staying vacatur of hundreds of oil and gas leases in sage grouse
territory in favor of suspending operations and production under the leases
pending appeal to the Ninth Circuit. The
lawsuit, Montana Wildlife Federation v. Zinke, et al, challenges the federal government’s oil and
gas leasing practices on public lands which are alleged to be destructive to
the natural habitat of the sage grouse (4:18-cv-00069). The stay of operations and production ordered
by Chief District Judge Brian Morris will maintain the status quo, protecting
the parties’ interests and preventing any harm which may occur, until the Ninth
Circuit resolves the issues on appeal.
National Energy Policy:
North Carolina Brings Lawsuit Challenging Federal Decision to Allow Seismic
Testing for Oil and Gas
On August 26, 2020,
North Carolina Attorney General Josh Stein brought a lawsuit in federal court
challenging the National Oceanic and Atmospheric Administration’s (NOAA)
decision to overrule the state’s objections to the allowance of seismic testing
to be conducted on North Carolina’s coast. (North Carolina v. Wilbur Ross,
et al., No. 2:20-CV-00059). In its complaint, North Carolina alleged that the exploration for oil and gas
through seismic testing is not compatible with the state’s coastal management
plan created under the Coastal Zone Management Act, that it was improper under
the Administrative Procedure Act to overrule the state’s objection to the
exploration, and that the exploration poses significant threats to the aquatic
life found off the shores of North Carolina. Attorney General Stein has asked the Eastern
District of North Carolina to have the NOAA decision overruling North
Carolina’s objections set aside, preventing the proposed exploration process
from proceeding.
From the National Oil
& Gas Law Experts:
Brigit Rollins, Jumping the Gun? Government Says NEPA
Challenges Are Premature (August 27, 2020)
Charles Saratain &
Rusty Tucker, Company Man Wins MSA Dispute (August 26, 2020)
Scott Daniel Johnson, FERC Clarifies New Requirements for Certain
Filings (August 26, 2020)
AGENCY PRESS
RELEASES—STATE/FEDERAL
Pennsylvania Department
of Energy Press Releases:
DEP Provides $5.1 Million in Volkswagen
Settlement Funding to Cleaner Fuel Transportation Projects for Healthier Air
Quality (August 27, 2020)
U.S.
Department of Energy
Department of Energy Announces $33 Million in
Funding for Carbon Neutral Hybrid Electric Aviation (August 26, 2020)
U.S. Department of Energy Issues Small
Business Research and Development Funding Opportunity Announcement (August 24, 2020)
STATE
ACTIONS—EXECUTIVE/LEGISLATIVE
Senate Environmental
Resources and Energy
Public Hearing to discuss a proposed rulemaking: Water
Quality Standards for Manganese and Implementation (#7-553) on September 9,
2020 at 9:00 a.m. The hearing will be livestreamed from the Senate
Chamber.
FEDERAL
ACTIONS—EXECUTIVE/LEGISLATIVE
Federal
Executive Agencies—Actions and Notices:
Bureau of Safety and
Environmental Enforcement
85 FR 5217 “Agency Information Collection Activities; Oil-Spill Response
Requirements for Facilities Located Seaward of the Coastline” Notice of
information collection; request for comment (August 24, 2020) Interested
persons are invited to submit comments on or before October 23, 2020.
85 FR 52146 “Agency Information Collection Activities; Operations in the
Outer Continental Shelf for Minerals Other than Oil, Gas, and Sulphur” Notice
of information collection; request for comment (August 24, 2020) Interested
persons are invited to submit comments on or before October 23, 2020.
85 FR 52148 “Agency Information Collection Activities; Relief or Reduction in
Royalty Rates” Notice of information collection; request for comment
(August 24, 2020) Interested persons are invited to submit comments on or
before October 23, 2020.
85 FR 52144 “Agency Information Collection Activities; Well Control and
Production Safety Training” Notice of Information Collection; request for
comment (August 24, 2020) Interested persons are invited to submit comments
on or before October 23, 2020.
Energy Department
85 FR 52237 “Extending Natural Gas Export Authorizations to Non-Free Trade
Agreement Countries Through the Year 2050” Notice of final policy statement
and response to comments (August 25, 2020).
85 FR 52109 “Notice of Request for Information (RFI) on FY 2021 Bioenergy
Technologies Office Multi-Topics” Request for information (August 24,
2020) Responses to the RFI must be received by September 21, 2020.
Environmental Protection
Agency
85 FR 53179 “New Mexico: Final Approval of State Underground Storage Tank
Program Revisions and Incorporation by Reference” Direct final rule (August
28, 2020).
85 FR 53363 “Information Collection Request Submitted to OMB for Review and Approval;
Comment Request; The National Oil and Hazardous Substances Pollution
Contingency Plan Regulation, Subpart J (Renewal)” Notice (August 28,
2020).
Federal Energy
Regulatory Commission
85 FR 53355 “Tennessee Gas Pipeline Company, LLC, Southern Natural Gas
Company, LLC; Notice of Availability of the Environmental Assessment for the
Proposed Evangeline Pass Expansion Project” Notice (August 28, 2020)
Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive ShaleLaw HotLinks:
“Gas and Nuclear Industries Fight to The End
For 'Green' EU Investment Label” Reuters
“Thousands Allowed to Bypass Environmental
Rules in Pandemic” AP
“Where U.S. Fossil Fuel Companies are Shedding
Jobs” Axios
“An Oil Giant’s Wall Street Fall: The World is
Sending the Industry Signals, but is Exxon Listening?” Inside Climate News
“Mountain Valley Asks FERC For More Time To
Complete Pipeline” The Roanoke
Times
“US Rig Count Increases For First Time In
Months” Shale Gas Reporter
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