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: Michigan
Limits Scope of Hearings on Enbridge Line 5 Tunnel
On October 23, 2020, the
Michigan Office of Administrative Hearings and Rules issued a ruling on the Motion in Limine submitted by
Enbridge to limit the scope and evidence presented in upcoming hearings before
the Michigan Public Service Commission regarding construction of Line 5 under
the Straits of Mackinac. In the
decision, the agency determined that it was necessary for the Commission to
consider the Utility Tunnel’s design, construction, and operation in the
construction of the pipeline. The
Commission must also consider the Utility Tunnel to determine that Enbridge has
undertaken good faith efforts to limit the pipeline’s physical and economic
impacts. Enbridge’s request that the
Commission not consider public need and safety issues for the entire length of
Line 5 was granted, limiting the scope of the hearing. The agency’s decision also found that evidence
of the environmental impacts of processes related to extracting, refining, or
consuming oil was not relevant to the Commission’s consideration of the
pipeline as a form of transportation. Because
of this, the Commission will not consider evidence pertaining to greenhouse gas
emissions or climate change.
LNG Exports: Department
of Energy Approves Extension of Three LNG Export Authorizations Through 2050
On October 28, 2020, the
U.S. Department of Energy released a statement notifying the public that it extended the terms
of three liquified natural gas projects export authorizations until December
31, 2050. The Department of Energy’s actions
extend term authorizations for Cheniere Energy’s Sabine Pass in Louisiana, Corpus
Christi LNG in Texas, and Sempra Energy’s Port Arthur in Texas. The extensions permit these companies to
export liquified natural gas to both free trade and non-free trade countries
through the end of the year 2050. The
authorizations were made pursuant to the Department of Energy’s final policy
statement published in July 2020 at 85 FR 52237.
From the National Oil
& Gas Law Experts:
George A. Bibikos, At the Well
Weekly, Art. 1, sec. 27 (Oct. 23, 2020).
Charles Sartain, Status as a
Common Carrier Denied by a Texas Court (Oct. 27, 2020).
John McFarland, Mineral Title
Dispute Before Texas Supreme Court (Oct. 28, 2020).
AGENCY PRESS RELEASES—STATE/FEDERAL
U.S. Department of
Energy Press Releases:
DOE Extends
Additional LNG Export Authorizations Through 2050 (Oct. 28, 2020).
Department of
Energy to Provide $24 Million in EPSCoR Grants for Energy-Related Research (Oct. 27, 2020).
STATE ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania Executive Agencies (Pa. Bulletin Vol. 50, No. 44—Oct. 31, 2020)
FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive
Agencies (Federal Register Oct. 26–30, 2020):
Energy Department
85 FR 68569 Notice of application: “Driftwood LNG LLC; Application To Amend Export
Term for Existing Long-Term Authorization Through December 31, 2050” (Oct. 29,
2020).
Environmental Protection
Agency
85 FR 67665 Rule—Denial of petition for reconsideration:
“National Emission Standards for Hazardous Air Pollutants: Petroleum
Refinery Sector: Action Denying a Petition for Reconsideration” (Oct. 26,
2020).
85 FR 68871 Notice—Comment Periods: “Environmental
Impact Statements; Notice of Availability” (Oct. 30, 2020).
85 FR 68873 Notice—Comment Periods: “Information
Collection Request Submitted to OMB for Review and Approval; Comment Request;
Regulation of Fuels and Fuel Additives: Gasoline Volatility (Renewal)” (Oct.
30, 2020).
Federal Energy
Regulatory Commission
85 FR 67724 Notice: “Notice of Application and
Establishing Intervention Deadline; Golden Pass Pipeline LLC” (Oct. 26,
2020).
85 FR 67733 Notice—Comment Period: “Notice of
Scoping Period Requesting Comments on Environmental Issues for the Planned LA
Storage, LLC Hackberry Storage Project” (Oct. 26, 2020).
85 FR 68063 Notice—Comment Period: “Notice of
Scoping Period Requesting Comments on Environmental Issues for the Proposed
Columbia Gulf Transmission, LLC East Lateral Xpress Project” (Oct. 27,
2020).
85 FR 68065 Notice: “Transcontinental Gas Pipe Line
Company, LLC; Notice of Schedule for Environmental Review of the VR-22 to Shore
Abandonment Project” (Oct. 27, 2020).
85 FR 68324 Notice: “Spire Storage West LLC; Notice
of Application and Establishing Intervention Deadline” (Oct. 28, 2020).
85 FR 68323 Notice: “National Fuel Gas Supply
Corporation and Empire Pipeline, Inc.; Notice of Request for Extension of Time”
(Oct. 28, 2020).
85 FR 68863 Notice: “Transwestern Pipeline Company,
LLC; Notice of Application and Establishing Intervention Deadline” (Oct. 30,
2020).
Land Management Bureau
85 FR 68087 Notice of Availability: “Notice of
Availability of the Final Environmental Impact Statement for the Wyoming
Pipeline Corridor Initiative (WPCI) Resource Management Plan Amendments to 9
BLM-Wyoming Resource Management Plans” (Oct. 27, 2020).
Pipeline and Hazardous
Materials Safety Administration
85 FR 68953 Notice—Comment Period: “Pipeline Safety:
Request for Special Permit; Columbia Gulf Transmission, L.L.C.” (Oct. 30,
2020).
U.S. House Energy and Commerce Committee
H.R. 3623 “Climate Risk Disclosure Act of 2019” Placed
on the Union Calendar (Oct. 27, 2020).
H.R. 8671 “To establish
the Committee on Large-Scale Carbon Management in the National Science and
Technology Council and a Federal Carbon Removal Initiative, and for other
purposes.” Referred to the Committee on Science, Space, and Technology, and
in addition to the Committee on Energy and Commerce (Oct. 23, 2020).
Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks Oct. 26-30, 2020:
Court Urged to
Reverse BLM Fracking Rule Rollback Over NEPA, E&E News Publishings
U.S. Oil
Production Will Not Return Soon to Pre-Pandemic Levels, Energy Secretary Says, Reuters
4 Election
Battles Could Overhaul U.S. Oil and Gas, E&E News Publishings
Trump Mulling
Executive Order For Government Fracking Analysis, Fox Business
Global
Emissions From Fuel Consumption Likely Peaked Last Year: Research, Reuters
Connect with us on Facebook. Every week we post the CASL Ledger detailing our publications and activities from the week.
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