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: Ohio
Legislature Advances Bill Imposing Criminal Penalties for Tampering with
Pipeline Infrastructure
On December 17, 2020,
the Ohio House of Representatives passed Senate Bill 33 which contains measures modifying the criminal
penalties that may be imposed on people who damage critical infrastructure. The infrastructure to which this measure
applies includes pipelines, petroleum refiners, gas processing plants, and
freight facilities. The bill provides
property owners with the ability to bring a civil action and be awarded damages
and attorney fees against individuals who damage infrastructure. The bill also imposes criminal penalties for
destroying or tampering with infrastructure by legislating that such activity
is a felony the third degree. Several
days later, on December 22, 2020, the Ohio Senate concurred in amendments
proposed by the House.
Public Lands: BLM
Releases Record of Decision Permitting Drilling All Year Long in Converse
County, Wyoming
On December 23, 2020,
the U.S. Bureau of Land Management (BLM) released a Record of
Decision which will allow
several oil and gas companies to drill throughout the year in Converse County,
Wyoming. BLM’s decision would allow drilling on 1.5 million acres
year-round, eliminating the previous restriction on drilling between February 1
through July 31imposed by the 2007 Casper Field Office Resource Management
Plan. In its press release, BLM noted that the Record of Decision does not
permit immediate drilling activities to begin. Oil companies must still apply and be approved
for the appropriate permits and reviews in order to begin drilling activity. Documents relating to the Record of Decision,
including the Environmental Impact Statement, can be viewed here.
Pipelines: Petition for
Review Filed Challenging FERC Orders on Mountain Valley Pipeline Project
On December 22, 2020,
several environmental groups filed a Petition for
Review in the U.S. Court of
Appeals for the District of Columbia Circuit asking the court to review four
orders issued by the Federal Energy Regulatory Commission (FERC) concerning
construction of the Mountain Valley Pipeline. In the petition, the environmental groups ask
the court to review FERC’s orders granting an
extension of time
to complete the project, partially
lifting a stop work order and allowing construction of the pipeline to continue, and orders
denying a
request for rehearing and addressing arguments
raised in the rehearing.
Public Lands: Judge
Expedites Hearing on Temporary Restraining Order and Preliminary Injunction for
Oil Development in National Petroleum Reserve in Alaska
On December 22, 2020, the
U.S. District Court for the District of Alaska issued an order to expedite a hearing on the Sovereign Iñupiat
for a Living Arctic's request for a temporary restraining order and preliminary
injunction. In its complaint, the Sovereign Iñupiat for a Living Arctic
alleged that the Bureau of Land Management and the U.S. Fish and Wildlife
Service’s decisions regarding the Willow Master Development Plan in the
National Petroleum Reserve in Alaska violated the National Environmental Policy
Act, the Federal Land Policy and Management Act, the Administrative Procedure
Act, and stated that the biological opinion issued by the Fish and Wildlife
Service was arbitrary and unlawful. The court
directed the Sovereign Iñupiat for a Living Arctic to file its motion by
December 23, 2020 and the Bureau of Land Management and Conocophillips Alaska,
Inc. to file its responses to the motion by January 15, 2021. The court anticipates ruling on the temporary
restraining order and preliminary injunction by February 1, 2021.
Shale Law/Policy
Resources of Interest:
Charles Sartain, Contaminated Butane and Propane Creates Fight Over General Terms and
Conditions
(Dec. 22, 2020)
John McFarland, After Five Years of Litigation, Texas Supreme Court Concludes that
Lease’s Continuous Development Clause is Ambiguous (Dec. 21, 2020)
Melinda Janki, Guyana: A First
Step Towards Climate Litigation (Dec. 29, 2020).
AGENCY PRESS RELEASES - STATE/FEDERAL
Pennsylvania Department of Environmental
Protection:
DEP to Host Virtual Public Hearing on PennEast Pipeline Permit Applications for Phase 1 (Dec. 31, 2020)
United States Department of Energy:
Department of Energy
Issues Report on Management and Beneficial Reuse of Used Lubricating Oil (Dec. 23, 2020)
Department of Energy
Releases Energy Storage Grand Challenge Roadmap (Dec. 21, 2020)
Department of Energy Extends Fourth Set of LNG Export Authorizations Through 2050 (Dec. 31, 2020)
United States Environmental Protection
Agency:
EPA Finalizes Ozone NAAQS, Retaining Current Standards (Dec. 23, 2020)
STATE ACTIONS - EXECUTIVE/LEGISLATIVE
Pennsylvania Executive
Agencies—Actions and Notices (Pa. Bulletin
Vol. 50, No. 51—Dec. 26, 2020 & Pa. Bulletin Vol. 50, No. 51—Jan. 2, 2020):
50 Pa.B. 7393 Pennsylvania Public Utility Commission “Natural
Gas Service” (Dec. 26, 2020).
51 Pa.B. 80 Department of Environmental Protection “Oil and Gas Technical Advisory Board Virtual Meeting Schedules for 2021” (Jan. 2, 2021).
FEDERAL
ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive Agencies
(Federal Register Dec. 21, 2020 – Jan. 1, 2021):
Environmental Protection
Agency
85 FR 83553 Notice “EPA's Approval of Florida's Clean Water Act Section 404 Assumption Request” (Dec. 22, 2020).
Bureau of Safety and
ENvironmental Enforcement
85 FR 84230 Final direct rule—Comments Period “Oil and Gas and Sulfur Operations in the Outer Continental Shelf-Reaffirmation of Standard Editions Related to the Manual of Petroleum Measurement Standards” (Dec. 28, 2020).
Energy Department
85 FR 83935 Notice of application “Gulf LNG Liquefaction Company, LLC; Application to Amend Export Term Through December 31, 2050, for Existing Non-Free Trade Agreement Authorization” (Dec. 23, 2020).
Federal Energy
Regulatory Commission
85 FR 83071 Notice—Comments Period “New England
Power Generators Association, Inc. v. ISO New England, Inc.; Notice of
Complaint” (Dec. 21, 2020).
85 FR 83073 Notice—Comments Period “Northern Natural
Gas Company; Notice of Availability of the Environmental Assessment for the
Proposed Northern Lights 2021 Expansion Project” (Dec. 21, 2020).
85 FR 83072 Notice—Comments Period “National Grid
LNG LLC; Notice of Request for Extension of Time” (Dec. 21, 2020).
85 FR 83548 Notice—Comments Period “Stingray
Pipeline Company, L.L.C.; Notice of Amendment to Application” (Dec. 22,
2020).
85 FR 83541 Notice—Comments Period “Adelphia
Gateway, LLC; Notice of Request Under Blanket Authorization and Establishing
Intervention and Protest Deadline” (Dec. 22, 2020).
85 FR 83552 Notice—Comments Period “Columbia Gas
Transmission, LLC; Notice of Request Under Blanket Authorization” (Dec. 22,
2020).
85 FR 83940 Notice—Comments Period “Actions
Regarding the Commission's Policy on Price Index Formation and Transparency,
and Indices Referenced in Natural Gas and Electric Tariffs” (Dec. 23,
2020).
85 FR 84329 Notice—Comments Period “National Fuel
Gas Supply Corporation; Notice of Request for Extension of Time” (Dec. 28,
2020).
85 FR 85628 Notice “Rio Bravo Pipeline Company, LLC;
Notice of Availability of the Environmental Assessment for the Proposed Rio
Bravo Pipeline Project Amendment” (Dec. 29, 2020).
85 FR 86552 Notice—Comments Period “Algonquin Gas Transmission, LLC; Notice of Application and Establishing Intervention Deadline” (Dec. 30, 2020).
Land Management Bureau
85 FR 83102 Notice of information collection—Comments Period “Agency Information Collection Activities; Oil and Gas, or Geothermal Resources: Transfers and Assignments” (Dec. 21, 2020).
Rural Utilities
Service
85 FR 83883 Notice of Availability of a Record of Decision “Financial Support for Transmission and Distribution Lines To Pump Stations 15, 16, 17, 18, and 19 in Connection With the TransCanada Keystone XL Pipeline” (Dec. 23, 2020).
Maritime
Administration
85 FR 83142 Notice—Comments Period “Deepwater Port License Application: Texas GulfLink LLC; Extension of Draft Environmental Impact Statement Comment Period” (Dec. 21, 2020).
Coast Guard
85 FR 83448 Temporary final rule “Safety Zone; Pipeline Testing; Tampa Bay, Gibsonton, FL” (Dec. 22, 2020).
House Energy and
Commerce Committee Actions:
H.R. 9056 “To amend the Department of Energy Organization
Act to secure the supply of critical energy resources, including critical
minerals and other materials, and for other purposes.” Referred to House
Committee on Energy and Commerce (Dec. 28, 2020).
H.R. 9054 “To advance clean power technology development and use through innovation and clean energy standards, and for other purposes.” Referred to the Committee on Energy and Commerce (Dec. 28, 2020).
Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks Dec. 21, 2020-Jan. 1,
2021:
“State Pipeline
Regulators Reach Deal With Energy Transfer For Pipeline Blast” Pittsburgh Post-Gazette
“Onshore US
Operators to Report Flaring Data” Rigzone
“New Mexico Land
Boss Ends Fresh Water Sales For Oil And Gas” AP
“Where 5 Key
Climate Cases Stand Ahead Of Supreme Court Brawl” ClimateWire
“LNG Surges to
Six-Year High With Cold Snap In Importing Nations” BNN Bloomberg
Connect with us on Facebook. Every week we post the CASL Ledger detailing our publications and activities from the week.
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