Written by:
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
Pennsylvania Department
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
Pennsylvania
Legislature:
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:
Land Management
Bureau:
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
President
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).
Federal Energy
Regulatory Commission
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).
Safety Environmental
Enforcement Bureau
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).
Environmental Protection
Agency
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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