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: Maryland
Board of Public Works Approves Wetlands License for Underground Pipeline
Construction
On December 2, 2020, the
Maryland Board of Public Works unanimously voted to issue a Wetlands License to Eastern Shore Natural Gas Pipeline
Company to construct and operate an underground pipeline spanning seven miles
beneath South Prong Wicomico River. In considering whether to issue the
license, the Board had to determine the extent of the pipeline project’s impact
on wetlands. At the meeting, a representative of the Maryland Department of Environment
recommended that the Board approve the license with certain conditions relating
to drilling fluid pressure limits, erosion and sediment control, altering trees
within the right-of-way of the pipeline, and requiring the pipeline company to
contribute fees to the Maryland Wetlands and Waterways Program Fund.
Ultimately, the pipeline will primarily serve a correctional facility and the
University of Maryland Eastern Shore in Somerset County, Maryland.
LNG Exports: Delaware
River Basin Commission Approves Construction of Wharf to Transport LNG
On December 9, 2020, the
Delaware River Basin Commission approved the Delaware River Partners, LLC’s application to construct a
wharf to import and export commodities including liquified natural gas (LNG)
from Pennsylvania. In its approval, the Commission agreed with the recommendations of the hearing officer who presided over a
hearing regarding the project in May. The Commission determined that the
project imposed sufficient protections to limit impacts on water quality and
aquatic plants and animals. The Commission also found that the project
was consistent with the Comprehensive Plan and, therefore, will allow
construction to begin.
Public Lands: Utah
District Judge Orders BLM to Revise Reasonable Alternative Analysis for Oil
Leases in Uinta Basin
On December 10, 2020, the
U.S. District Court for the District of Utah issued an order stating that the U.S. Bureau of Land Management (BLM) violated
the National Environmental Policy Act (NEPA) in leasing public land for oil and
gas exploration in the Uinta Basin in Utah. (Rocky Mountain Wild, et
al., v. David Bernhardt, Case No. 2:19-cv-00929-DBB-CMR). The court
found that BLM’s preparation of an Environmental Assessment was sufficiently
thorough in examining the potential impacts of the leases, including examining
air quality and greenhouse gas emissions. The court also found that BLM
met its statutory duty under the Federal Land Policy and Management Act to
develop and revise land use plans in connection with the leasing project.
However, the court stated that BLM did not adequately explore alternatives to
the leases. As a result, the court ordered BLM to conduct and document a
reasonable alternative analysis which complies with the requirements of
NEPA.
Production and
Operation: Texas Court Orders Texas Railroad Commission to Stop Granting
Exceptions to Environmental Regulations
On December 10, 2020, a
state court in Texas issued an injunction preventing the Texas Railroad
Commission from granting exceptions to oil companies from certain environmental
regulations. Specifically, the ruling
applies to requirements imposing obligations upon companies to cap unplugged
wells, clean waste pits, store oil and gas underground in a salt dome, and
contribute other fees aimed to protect the environment. The lawsuit, brought by Public Citizen, Inc., against the Texas Railroad
Commission stated that the Commission violated the Texas Open Meetings Act and
the Administrative Procedure Act. (Case No. D-1-GN-20-003795). The
court determined that the Texas Railroad Commission provided insufficient
notice to the public regarding the environmental regulation exceptions and that
no further exceptions could be granted by the Commission until the court
considers the merits of the case or the Commission provides the appropriate
notice. The Texas Railroad Commission has appealed the court’s
order.
Pipelines: Forest
Service Publishes Final Supplemental Environmental Impact Statement for
Mountain Valley Pipeline Project
On December 11, 2020,
the U.S. National Forest Service announced that a Final Supplemental Environmental Impact
Statement (FSEIS) is available
for public comment. The FSEIS was prepared in accordance with the
National Environmental Policy Act (NEPA) to consider the impact that the
Mountain Valley Pipeline project may have on the 3.5-mile portion of the
Jefferson National Forest in Virginia and West Virginia. The core issues
addressed in the FSEIS included a Forest Plan Amendment, the feasibility and
practicality of routes for the pipeline which do not cross public forests, and
erosion and sediment control. Notice of the FSEIS’s availability was
published in the Federal Register at 85 FR 80093 on December 11, 2020. Public comments are due by January
11, 2021.
Pipelines: FERC Permits
Mountain Valley Pipeline to Continue Construction
On December 17, 2020,
the Federal Energy Regulatory Commission (FERC) issued an order partially lifting stop work orders previously issued to the
Mountain Valley Pipeline and permitting some construction activity on the
project to resume. The order allows the Mountain Valley Pipeline to
restart construction in an area around the Jefferson National Forest which was
formerly excluded from stop work orders lifted by FERC. Following its
review, FERC concluded that construction would not create sediment impacting
waterways in the Jefferson National Forest. In addition, FERC found that
the proposed route is unlikely to change and allowing construction to continue
would not limit actions from the Bureau of Land Management or the Forest
Service. One FERC Commissioner dissented, stating that the stop work
order should not be lifted because of the litigation that has accompanied the
pipeline project and the project’s need for additional permits to be issued.
From the National Oil
& Gas Law Experts:
Charles Sartain, Predicting the Effect of Biden’s Election on
the Oil Industry and the Climate (Dec. 15, 2020).
AGENCY PRESS RELEASES - STATE/FEDERAL
Pennsylvania Department
of Environmental Protection:
DEP Reaches Agreement with CrossAmerica Partners, LP to Address Fuel Storage Violations (Dec. 17, 2020)
United States
Environmental Protection Agency:
Crowley Fuels pays over $1 million for
environmental, public safety violations in Alaska (Dec. 17, 2020)
EPA Announces Historic Approval of Florida’s
Request to Administer the Clean Water Act Section 404 Program (Dec. 17, 2020)
STATE ACTIONS - EXECUTIVE/LEGISLATIVE
Pennsylvania Executive
Agencies—Actions and Notices (Pa. Bulletin Vol. 50, No. 51—Dec. 19, 2020):
50 Pa.B. 7259, Pennsylvania Public Utility Commission “Application of Columbia Gas of Pennsylvania, Inc. for approval of the abandonment of natural gas service to one residential premise located in Centre County.” (Dec. 19, 2020).
FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive
Agencies (Federal Register Dec. 14-18, 2020):
Environmental Protection
Agency
85 FR 80626 Final Rule “Hazardous and Solid Waste Management System:
Disposal of CCR; A Holistic Approach to Closure Part B: Alternate Demonstration
for Unlined Surface Impoundments; Correction” (Dec. 14, 2020).
85 FR 82474 Notice “Environmental Impact Statements; Notice of Availability” (Dec. 18, 2020).
Federal Energy
Regulatory Commission
85 FR 81196 Notice “Golden Pass Pipeline LLC; Notice of Schedule for
the Preparation of an Environmental Assessment for the Compression Relocation
and Modification Project” (Dec. 15, 2020).
85 FR 81193 Notice “Spire Storage West, LLC; Notice of Schedule for
the Preparation of an Environmental Assessment for the Clear Creek Expansion
Project” (Dec. 15, 2020).
85 FR 81196 Notice—Comments Period “Empire Pipeline, Inc.; Notice of
Petition for Waiver” (Dec. 15, 2020).
85 FR 81920 Notice “Northern Natural Gas Company; Notice of
Availability of the Environmental Assessment for the Proposed 2021 Auburn
A-Line Abandonment and Capacity Replacement Project” (Dec. 17, 2020).
85 FR 81952 Notice—Comments Period “Notice of Receipt of Right-of-Way
Application for Natural Gas Pipeline Crossing San Bernard National Wildlife
Refuge” (Dec. 17, 2020).
Land Management Bureau
85 FR 81485 Notice—Comments Period “Notice of Availability of the Coastal Plain Marsh Creek East Seismic Exploration Environmental Assessment” (Dec. 16, 2020).
Pipeline and Hazardous
Materials Safety Administration
85 FR 81440 Proposed rule—Comments Period “Pipeline Safety: Midstream
Facilities Frequently Asked Questions” (Dec. 16, 2020).
85 FR 82028 Notice—Comments Period “Pipeline Safety: Information
Collection Activities” (Dec. 17, 2020).
House Energy and Commerce Committee Actions:
H.R. 8995 “To require the Secretary of Energy to establish programs for
carbon dioxide capture, transport, utilization, and storage, and for other
purposes.” Referred to the Committee on Science, Space, and Technology, and
in addition to the Committees on Energy and Commerce (Dec. 16, 2020).
H.R. 5120 “SAFER Pipelines Act of 2019” Placed on Union Calendar (Dec.
17, 2020).
H.R. 9036 “To amend title VI of the Public Utility Regulatory Policies Act of 1978 to establish a Federal renewable electricity standard for retail electricity suppliers and a Federal energy efficiency resource standard for retail electricity suppliers and retail natural gas suppliers, and for other purposes.” Referred to the House Committee on Energy and Commerce (Dec. 18, 2020).
Senate Energy and
Natural Resources Committee:
S. 5050 “A bill to amend the Farm Security and Rural Investment Act of 2002 to provide grants for deployment of renewable fuel infrastructure, and for other purposes.” Read twice and referred to the Committee on Energy and Natural Resources (Dec. 17, 2020).
Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks Dec. 14-18, 2020:
“Enbridge Plans To Seek Dismissal Of Gov.
Whitmer’s Order To Shut Down Line 5” MLive
“PA’s Natural Gas Is Stranded from ‘High Risk’
Energy Regions Like New England” Delaware Valley Journal
“Exxon Mobil, Under Pressure On Climate, Aims
To Cut Emissions Intensity By 2025” Reuters
“EU Agrees Its Green Transition Fund Will Not
Support Natural Gas” Reuters
“New Mexico Land Boss Ends Fresh Water Sales
For Oil And Gas” AP
Connect with us on Facebook. Every week we post the CASL Ledger detailing our publications and activities from the week.
Nice & informative article, I highly appreciate your efforts, we provide the best Wrongful Death Attorney in Texas, US.
ReplyDelete