Sara Jenkins -
Research Assistant
Jackie Schweichler -
Staff Attorney
The following
information is an update of recent local, state, national, and international
legal developments relevant to shale gas.
Municipal Regulation:
Adams County, Colorado Approves Changes to Oil and Gas Regulations
On September 3, 2019,
the Adams County Board of Commissioners voted to approve changes to the county’s oil and gas regulations. The new regulations were
approved following the implementation of Colorado’s Senate Bill 19-181, which expanded the power of local governments to implement oil
and gas regulations that address impacts to public health and the environment. The new regulations
include safety requirements, operational standards, and information on
obtaining permits for new oil and gas facilities. Board
Chair Steve O’Dorisio said in a statement, “[O]ur staff has been hard at work
creating a set of regulations that is fair to the industry but also provides
for the safety of our residents.” According to the county’s news
release, Adams County set out to “establish regulations that allow for
reasonable development of oil and gas . . . while ensuring that facilities are
sited in appropriate areas.”
Pipelines:
Pennsylvania’s Department of Environmental Protection Issues $319,000 in
Penalties Against Mariner East 2 Pipeline
On August 29, 2019, the
Pennsylvania Department of Environmental Protection (DEP) issued $319,000 in penalties against Sunoco Pipeline, LP for Mariner
East 2 pipeline construction violations. The first penalty was issued in 2017 for
violations concerning “accelerated erosion and sedimentation” at several
construction sites. The second penalty was
issued to Sunoco Pipeline, LP for violations of the Clean Streams Law and Dam
Safety and Encroachment Act that occurred in 2018. More specifically, the
violations stemmed from “unauthorized discharges of drilling fluids” into
wetlands and tributaries in several counties. The
Mariner East pipeline project has been issued more than 80 violations and
accrued $13 million in penalties. The project is expected to expand the existing pipeline for transporting
natural gas from Ohio to Delaware County, Pennsylvania.
National Energy Policy:
Institute for Energy Research Files Lawsuit Against USDA to Release Documents
on the Renewable Fuel Standard Regulatory Process
On September 5, 2019,
the Institute for Energy Research (IER) filed a Complaint against the U.S. Department of Agriculture (USDA) to compel the release
of documents under the Freedom of Information Act (Institute for Energy
Research v. USDA, No. 19-2654). The
Complaint alleges that USDA had 20 working days to respond to a request for
records, but it had not responded after five months. IER’s request letter states the documents sought are to obtain information regarding
lobbyist efforts surrounding the “mandate of using food crops as transportation
fuel.” According to IER’s
press release, the public has an interest in any efforts by
Deputy Secretary of Agriculture Stephen Censky to influence the Renewable Fuel
Standard (RFS) regulatory process. Additionally, IER claims that any involvement
in lobbying efforts would “materially benefit” Mr. Censky’s former employer,
the American Soybean Association, “[g]iven that soybeans are the second largest
source of biofuels used for compliance with RFS.”
LNG Exports: FERC
Formally Accepts Commonwealth LNG’s Permit Application
On September 3, 2019,
Commonwealth Projects, LLC, announced that the Federal Energy Regulatory Commission accepted its filing
application for a liquified natural gas (LNG) project permit. The project consists of constructing one LNG
plant with six liquefaction trains and facilities. The trains are expected to have a total
liquefaction capacity of 8.4 million metric tonnes per annum. Further, the project will include a three-mile
pipeline that will connect the LNG facility with existing pipelines to
transport gas to the project. The
project is located on the U.S. Gulf Coast near Cameron, Louisiana. Commonwealth LNG expects to begin operations
of the new facility in 2024.
From the National Oil
& Gas Law Experts:
“As Abandoned Oil Wells Climb, Regulators
Consider Ways to Stop Problem From Worsening” - Bismarck Tribune
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