Jackie Schweichler – Staff Attorney
Sarah Straub – Research Assistant
The following information is an update of recent local, state, national and international legal developments relevant to shale gas.
Pipelines: FERC Lifts
Stop Work Order for Mountain Valley Pipeline
On October 9, 2020, the Federal Energy Regulatory Commission (FERC) partially lifted its stop work order and granted Mountain Valley Pipeline’s request for an extension of time to complete the project. FERC’s order authorizes construction along the majority of the pipeline route, but it does not authorize construction between mileposts 196.0 and 221.0. Mountain Valley Pipeline’s request to extend the deadline to complete the project until October 13, 2022, was also granted.
Pipelines: DC Court of
Appeals Issues Order Denying Motion for Stay of FERC Orders for Jordan Cove Project
On October 6, 2020, the U.S. Court of Appeals for the District of Columbia Circuit issued an order declining to halt the Jordan Cove Project (Project). The petitioners had filed a motion for summary vacatur or stay pending judicial review of Federal Energy Regulatory Commission (FERC) authorizations that allowed the Project to move forward. The court’s order denied the requests on the grounds that the “parties’ positions were not so clear as to warrant summary action.” The court also found that the landowners had not “satisfied the stringent requirements for a stay pending court review,” but noted that the court may revisit the request for stay if the condemnation of the landowner’s property became imminent. The Project consists of an LNG Terminal in Coos Bay and the 229-mile-long Pacific Connector Gas Pipeline.
From the National Oil
& Gas Law Experts:
Charles Sartain, Oil and Gas Producers – ESG is Here To Stay (October 6, 2020).
Charles Sartain, My Operator is Making Money … Part 2, The Operator’s Response (October 1, 2020).
Ama Francis, Democratic Climate Plan Centers Equity But Misses The Mark On Climate-induced Migration (October 7, 2020).
Agency Press Releases - State/Federal
of Energy Press Releases:
DEP Reaches Agreement with Columbia Gas Transmission for Erosion and Sedimentation Violations in Greene County (October 7, 2020)
DEP Awards $4.9 Million in Nonpoint Source Management Grants to 23 Watershed Restoration Projects Statewide (October 7, 2020)
U.S. Department of
Energy Press Releases:
Department of Energy Announces Energy Incubator Prize Selections (October 7, 2020)
Department of Energy Issues Report on Benefits of U.S. Oil and Natural Gas: Providing Energy Security and Supporting Our Quality of Life (October 7, 2020)
U.S. Environmental Protection
Agency Press Releases:
In Pennsylvania, EPA Proposes to Reduce Regulatory Burden and Air Pollutant Emissions from Large Storage Tanks (October 7, 2020)
State Actions - Executive/Legislative
SB 1297 “An Act amending the act of November 30, 2004 (P.L.1672, No.213), known as the Alternative Energy Portfolio Standards Act” Referred to Environmental Resources and Energy (October 5, 2020).
SB 1173 “An Act amending the act of January 8, 1960 (1959 P.L.2119, No.787), known as the Air Pollution Control Act, further providing for advice to department.” Referred to Environmental Resources and Energy (October 7, 2020).
Federal Actions - Executive/Legislative
Federal Executive Agencies—Actions and Notices:
85 FR 62757 “Notice of Public Meeting: Resource Advisory Council Subcommittee on Public Lands, Alaska” Notice of public meeting (October 5, 2020).
Pipeline and Hazardous
Materials Safety Administration
85 FR 62798 “Pipeline Safety: Request for Special Permit; Columbia Gulf Transmission, LLC” Notice of special permit (October 5, 2020).
Executive Office of the
85 FR 62539 “Addressing the Threat to the Domestic Supply Chain From Reliance on Critical Minerals From Foreign Adversaries and Supporting the Domestic Mining and Processing Industries” Presidential Document (October 5, 2020).
85 FR 63981 “Authorizing Express Pipeline, LLC, To Operate and Maintain Existing Pipeline Facilities at the International Boundary Between the United States and Canada” Presidential document (October 8, 2020).
85 FR 63985 “Authorizing Front Range Pipeline, LLC, To Operate and Maintain Existing Pipeline Facilities at the International Boundary Between the United States and Canada” Presidential document (October 8, 2020).
85 FR 63989 “Authorizing NuStar Logistics, L.P., To Operate and Maintain Existing Pipeline Facilities at the International Boundary Between the United States and Mexico” Presidential document (October 8, 2020).
85 FR 63108 “Iroquois Gas Transmission System, L.P.; Notice of Availability of The Environmental Assessment for the Proposed Enhancement by Compression Project” Notice (October 6, 2020).
85 FR 63111 “Columbia Gulf Transmission, LLC; Notice of Schedule for Environmental Review of the Mainline 300 Replacement Project” Notice (October 6, 2020).
85 FR 63107 “Northern Natural Gas Company; Notice of Schedule for Environmental Review of the Northern Lights 2021 Expansion Project” Notice (October 6, 2020).
85 FR 63267 “Stingray Pipeline Company, L.L.C; Notice of Application” Notice (October 7, 2020).
85 FR 63267 “Stingray Pipeline Company, L.L.C.; Notice of Application” Notice (October 7, 2020).
85 FR 63269 “Tuscarora Gas Transmission Company; Notice of Schedule for Environmental Review of the Tuscarora Xpress Project” Notice (October 7, 2020).
85 FR 63547 “UGI LNG, Inc; Notice of Request for Extension of Time” Notice (October 8, 2020).
85 FR 63574 “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Oil and Gas Drilling Operations” Notice of information collection; request for comment (October 8, 2020).
85 FR 63394 “Test Methods and Performance Specifications for Air Emission Sources” Final Rule (October 7, 2020).
House Energy and
Commerce Committee Actions:
HR 8543 “To require the Secretary of Energy to establish a program to provide grants to improve power lines.” Referred to House Committee on Energy and Commerce (October 6, 2020).
Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive ShaleLaw HotLinks:
“Digital Platform To Help With Tracking Oil, Gas Emissions” AP News
“Oil Prices Are Waiting To Rise, But Stimulus Will Not Be The Cure” Forbes
“Construction To Start On Dakota Access Pipeline Pump Station In Emmons County” The Bismark Tribune
“Battleground Voters Are Pragmatic On Energy” The Hill
“Colorado Roadmap Targets 80% Ghg Reduction From Power Sector By 2030, But Some See Greater Possibilities” Utility Drive
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