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:
Montana Department of Environmental Quality Issues Final Determination on
Keystone XL’s 401 Water Quality Certification Application
On December
31, 2020, the Montana Department of Environmental Quality (DEQ) issued its final
determination on Keystone XL Pipeline’s application for
401 Water Quality Certification. The final determination announced that DEQ
would issue the pipeline the 401 Water Quality Certification with fifteen
conditions, including one which allows DEQ to reopen and modify the
Certification to ensure the pipeline adheres to relevant water quality
standards. DEQ imposed the conditions because it has been unable to answer and
meaningfully respond to all of the more than 650 comments it received regarding
the project since Keystone XL’s application was received in August. The
pipeline will cross 201 wetland and waterbody features in Montana.
Production
and Operation: Texas Railroad Commission Votes to Ratify, Approve, and Confirm
May 2020 Temporary Exceptions to Certain Environmental Regulations
On
January 6, 2020, the Texas Railroad Commission voted to
ratify, approve and confirm temporary exceptions and waivers regarding some
environmental regulations approved by the Commission in May of 2020. The
waivers and exceptions approved at the May 2020 meeting included measures which
relieved oil and gas companies from environmental regulations requiring the
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. On December 8, 2020, in connection with a lawsuit (Case No.
D-1-GN-20-003795) filed by Public Citizen against the Commission, a Texas judge
enjoined the Commission from issuing further waivers and exceptions until it published proper
public notice and named the specific rules to which the waivers and exceptions applied.
You can watch the Commission’s entire meeting here.
Water
Quality: Virginia Department of Environmental Quality Announces Changes to Its
NWP 12 Permitting on Pipelines
On
December 21, 2020, the Virginia Department of Environmental Quality (DEQ) sent
a letter to
the U.S. Army Corps of Engineers regarding certifications and federal regulations
and requirements under the Clean Water Act. In the letter, the Virginia DEQ
stated that it will now deny water quality certifications under Nationwide
Permit 12 (NWP 12) for pipelines which are greater than thirty-six inches in
diameter. The NWP 12 is a permit which allows discharges to waterways which
occur in the construction process of public utility infrastructure, including oil
and gas pipelines. The Mountain Valley Pipeline, currently under construction
in parts of Virginia, could be impacted by the Virginia DEQ’s announcement
because its proposed pipeline is slated to be forty-two inches in diameter and
would be barred from using the general NWP 12 permit, forcing it to apply for individual
permits to cross waterways throughout its construction.
Pipelines:
Congress Provides Appropriations and Requirements for Pipeline Safety in
Omnibus Fiscal Legislation
On
December 21, 2020 Congress passed its year end fiscal
legislation, a portion of which authorizes funding for
improving pipeline safety and infrastructure. The Division-By-Division
Summary of Authorizing Matters of H.R. 133 states that
the legislation provides funding to the Pipeline and Hazardous Materials Safety
Administration’s Pipeline Safety Program through the year 2023. The
appropriations include funding to hire more personnel to conduct inspections of
pipelines, hire experts to assist with rulemaking, money for pilot programs to
test new technologies and practices to improve pipeline safety, and measures
aimed to reduce methane emissions. The legislation also requires executive
agencies to engage in rulemaking to address pipeline safety, emissions, and to update
rules on pipelines near coastal beaches and coastal waters.
Shale
Law/Policy Resources of Interest:
Chris
Boronzzi, Ohio
Supreme Court interprets the requirements of the notice provisions of the
Dormant Mineral Act (Jan. 4, 2021)
Charles
Sartain, Renewable
Energy Tax Credits Extended by New COVID Relief Law
(Jan. 5, 2021)
Michael
Byrd and Shane Sullivan, Wait,
What Am I Buying? Severance and reservation issues in Texas oil and gas asset
transactions (Jan. 2021)
John
McFarland, Lyle
v. Midway Solar: Solar farm meets accommodation doctrine
(Jan. 4, 2021)
Amy Turner, Net-Zero Stretch Code: A New Model For Municipal Building Decarbonization In Massachusetts (Jan. 8, 2021)
AGENCY PRESS RELEASES - STATE/FEDERAL
United
States Department of Energy:
Department of Energy Issues Policy
Statement Streamlining Short-Term LNG Export Authorizations (Jan. 8, 2021)
United States Environmental
Protection Agency:
EPA Releases Briefing Paper on Renewable Energy Waste Management (Jan. 6, 2021)
STATE ACTIONS - EXECUTIVE/LEGISLATIVE
Pennsylvania
Executive Agencies—Actions and Notices (Pa. Bulletin Vol. 50, No. 51—Jan. 9, 2021)
51 Pa.B. 238 Department of Environmental Protection “Conditional State Water Quality Certification under Section 401 of the Clean Water Act for the United States Army Corps of Engineers Nationwide Permits” (Jan. 9, 2021).
FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE
Federal
Executive Agencies (Federal Register
Jan. 4 – 8, 2021):
Environmental
Protection Agency
86
FR 88 Notice of Proposed Consent Decree—Comments Period “Proposed
Consent Decree, Clean Air Act Citizen Suit” (Jan. 4, 2021).
86 FR 469 Final Rule “Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information” (Jan. 6, 2021).
Federal
Energy Regulatory Commission
86
FR 86 Notice—Comments Period “Southern Star Central Gas
Pipeline, Inc.; Notice of Availability of the Environmental Assessment for the
Proposed” (Jan. 4, 2021).
86
FR 79 Notice—Comments Period “Algonquin Gas
Transmission, LLC; Notice of Request Under Blanket Authorization and
Establishing Intervention and Protest Deadline” (Jan. 4, 2021).
86
FR 82 Notice—Comments Period “Colorado Interstate Gas
Company, L.L.C.; Notice of Request Under Blanket Authorization and Establishing
Intervention and Protest Deadline” (Jan. 4, 2021).
86
FR 295 Notice “Mayflower Power & Gas LLC;
Supplemental Notice That Initial Market-Based Rate Filing Includes Request for
Blanket Section 204 Authorization” (Jan. 5, 2021).
86 FR 1492 Notice—Comments Period “Kern River Gas Transmission Company; Notice of Scoping Period Requesting Comments on Environmental Issues for the Planned Delta Lateral Project” (Jan. 8, 2021).
House
Energy and Commerce Committee Actions:
H.R.
191 “To repeal Federal
energy conservation standards, and for other purposes” Referred to House
Committee on Energy and Commerce (Jan. 5, 2021).
H.R. 190 “To repeal certain
amendments to the Clean Air Act relating to the expansion of the renewable fuel
program, and for other purposes” Referred to House Committee on Energy and
Commerce (Jan. 5, 2021).
H.R 156 “To amend title II of the Department of Energy Organization Act to reauthorize an office within the Department of Energy, to direct the Secretary of Energy to establish and carry out a comprehensive, nationwide energy-related industries jobs program, and for other purposes” Referred to House Committee on Energy and Commerce (Jan. 4, 2021).
Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks Jan. 4 – 8, 2021:
“Fracking
May Be Bad For Your Heart — Study” Energywire
“The
Cleanest Fossil Fuel Is Set for a Post-Pandemic Rebound”
Yahoo Finance
“Biden To Rescind Trump's Last-Minute Rulemaking” Argus Media
Connect with us on Facebook. Every week we post the CASL Ledger detailing our publications and activities from the week.
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