Showing posts with label rover pipeline. Show all posts
Showing posts with label rover pipeline. Show all posts

Tuesday, January 7, 2020

Shale Law Weekly Review - January 7, 2020

Written by:
Jackie Schweichler – Staff Attorney
The following information is an update of recent local, state, national and international legal developments relevant to shale gas.
Water Quality: Wyoming Department of Environmental Quality Publishes Report on Pavillion Water Wells
On December 23, 2019, the Wyoming Department of Environmental Quality (WDEQ) published findings as part of the investigation into the drinking water wells in Pavillion, Wyoming.  The report is entitled, Final Pavillion, Wyoming Gas Field Domestic Water Wells Report on Recommendations for Further Investigation Pavillion, Wyoming.  In the report, WDEQ focused on two recommendations, including additional sampling for bacterial populations which involved evaluating geochemical/biomarkers such as total dissolved solids, sulfide, and methane.  The report also analyzed water samples for volatile organic compounds, semi-volatile organic compounds, and organochlorine pesticides in order to “achieve lower method detection limits.”   This report was prepared as a response to two of the ten recommendations presented in WDEQ’s 2016 Final Report.  The Wyoming Oil and Gas Conservation Commission will analyze the remaining recommendations. 

Methane Emissions: New Mexico Releases Report on Methane Emissions Reduction Strategy
On December 19, 2019, the New Mexico Methane Advisory Panel released their draft technical report describing potential strategies for methane reduction in the state.  The Methane Advisory Panel consists of 27 individuals representing members of the oil and gas industry, technical laboratory professionals, university researchers, and environmental organizations.  The report was prepared in response to New Mexico Governor Michelle Lujan Grisham’s Executive Order to create a regulatory framework to reduce methane emissions. The report addresses pneumatic controllers, leak detection and repair, dehydration units, compressors and engines, venting and flaring, and storage.  For each section, the report addresses the process, equipment, costs involved, sources of emissions, implementation, challenges, and the potential path forward.

National Energy Policy: Global Energy Institute Publishes Report on Impact of National Hydraulic Fracturing Ban
On December 19, 2019, the Global Energy Institute (GEI) published a new analysis of the potential impact of a hydraulic fracturing ban.  The report was prepared as a response to statements made by presidential candidates that they intend to ban hydraulic fracturing if elected.  GEI examined the benefits of hydraulic fracturing and analyzed the impact of a ban on energy security, manufacturing, the overall U.S. economy, and individual states.  The report states than a hydraulic fracturing ban would phase out 19 million jobs by 2025 and “reduce the U.S. Gross Domestic Product (GDP) by $7.1 trillion.”  According to GEI, during that time frame Pennsylvania would lose 600,000 jobs and residents would experience a cumulative cost-of-living increase of $4,654.  The report is entitled, “What if Hydraulic Fracturing was Banned? The Economic Benefits of the Shale Revolution and the Consequences of Ending It.”

Pipelines: Ohio Court Affirms Dismissal of Lawsuit Against Rover Pipeline
On December 9, 2019, the Court of Appeals Stark County, Ohio Fifth Appellate District issued an opinion affirming the dismissal of a lawsuit against Rover Pipeline, LLC (Rover) (State of Ohio ex rel. Yost v. Rover Pipeline, L.L.C., 2019-Ohio-5179).  The State of Ohio brought this lawsuit alleging that Rover had illegally released millions of gallons of drilling fluids into state waters during construction of the Rover Pipeline.  Ohio alleged that Rover violated Ohio’s water quality standards and failed to obtain the necessary permits and certification.  Under the Clean Water Act (CWA), projects that will affect water quality are subject to section §401 Water Quality Certification by the state.  In response, Rover argued that states must act within one year of receiving an application for certification in order to preserve their CWA authority. The court found that Ohio did not act within one year and, accordingly, dismissed the lawsuit.  In the present order, the appeals court affirmed the dismissal, stating that Ohio waived its rights under the CWA. 

International Development: European Commission Publishes European Green Deal
On December 11, 2019, the European Commission unveiled The European Green Deal, a strategy aimed at combating climate and environmental challenges.  The strategy includes new objectives for emissions reductions and directs the Commission to propose a new European “Climate Law” by March 2020.  The plan emphasizes transitioning energy reliance to renewable and sustainable alternative fuels.  The strategy also recommends the cessation of fossil fuel subsidies and directs the Commission to close tax loopholes for aviation and maritime fuels.  
From the National Oil & Gas Law Experts:
National Regulatory Actions
Federal Energy Regulatory Commission 
Pennsylvania Actions and Notices
Pennsylvania State Senate 
Pennsylvania Department of Environmental Protection
Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive ShaleLaw HotLinks:
"
US Crude Imports Fall to Lowest Point Since 1994: EIA” - S&P Global
Connect with us on Facebook! Every week we will post the CASL Ledger which details all our publications and activities from the week.
Want to get updates, but prefer to listen? Check out the Shale Law Podcast! We can always be found on our Libsyn page, iTunes, Spotify, or Stitcher.
Check out the December Agricultural Law Brief ! Each month we compile the most significant legal developments in agriculture. If you’d like to receive this update via email, check out our website and subscribe!

Monday, March 25, 2019

Shale Law Weekly Review - March 25, 2019


Written by:
Brennan Weintraub - 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.

Landowner Royalties: Pennsylvania Appellate Court Finds for the State in Landowner Royalties Case
On March 15, 2019, the Pennsylvania Commonwealth Court issued an opinion affirming that the Attorney General of Pennsylvania has the authority, under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law, to bring a cause of action alleging wrongful conduct in the context of leasing subsurface mineral rights from private landowners (Anadarko Petroleum Corporation v. Commonwealth of Pennsylvania, No. 58 C.D. 2018) (p.1-2, 16-17). The Attorney General asserted this power under §2(xxi) of the statute, which prohibits “[e]ngaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or misunderstanding (p.5-6).” The court, however, reversed the portion of the lower court’s decision that found the Attorney General to have the power to bring such suits on the basis of alleged violations of antitrust law (p.1-2, 16-17).  The Attorney General alleges that Anadarko acted unlawfully by deceiving or misleading private landowners in order to acquire their mineral rights (p. 2).

Pipelines: Ohio Court Dismisses Environmental Lawsuit Against Rover Pipeline
On March 12, 2019, the Stark County, Ohio Court of Common Pleas dismissed a lawsuit filed against Rover Pipeline by the State of Ohio (State of Ohio v. Rover Pipeline, No. 2017 CV 02216) (p.2).  Ohio alleged that the company had illegally released millions of gallons drilling fluids into state waters during construction of the Rover Pipeline. Ohio states that Rover violated Ohio’s water quality standards and failed to obtain the necessary permits and certification.  Under the Clean Water Act, projects that will affect the water quality are subject to section §401 Water Quality Certification by the state (p.6-7).  In turn, states must act within one year of receiving an application for certification in order to preserve this authority (p.6-7). The court found here that the State of Ohio did not act within one year and, accordingly, dismissed the lawsuit in favor of the defendant (p.7-10).

Federal Lands: Federal Court Holds That BLM Must Consider Climate Change for Drilling Leases
On March 19, 2019, the U.S. District Court for the District of Columbia issued an opinion finding that the Bureau of Land Management did not adequately consider the impacts of climate change resulting from oil and gas drilling leases on public lands in Wyoming (WildEarth Guardians v. Zinke, No. 16-1724) (p.1-2). Specifically, the court found that the agency had not given greenhouse gas emissions likely to result from proposed drilling the “hard look” required by the National Environmental Policy Act (p.59-60). The court ultimately granted a motion for summary judgment filed by the plaintiffs on the grounds outlined above (p.1-2).

LNG Exports: FERC Issues Final Environmental Impact Statement for Texas LNG Port
On March 15, 2019, the Federal Energy Regulatory Commission (FERC) issued its Final Environmental Impact Statement for the proposed liquefied natural gas export terminal at the Port of Brownsville, Texas. FERC found that, while the project would have adverse environmental impacts, they would not be significant and could be avoided through the use of mitigation measures. The proposed facility, according to Texas LNG, will initially have the capacity to produce up to two million tons of liquefied natural gas each year and would begin exports in 2023/2024.


From the National Oil & Gas Law Experts:
George Bibikos, At the Well Weekly, (March 22, 2019)


John McFarland, Net Royalty Acres Defined, (March 25, 2019)

Pennsylvania Legislation:
HB 886:  would require pipeline routes to be evaluated for community safety and pipeline operators would need to share information with emergency response teams (Referred to Consumer Affairs - March 19, 2019)

HB 247: would allow operators to drill well bores across multiple units so long as the operator has leases with all owners of the units (Reported as Amended - March 19, 2019)

SB 457: would create a 5 percent energy extraction tax (Referred to Environmental Resources and Energy - March 19, 2019)

HB 906: would require the Pennsylvania Real Estate Commission to certify and register land agents who work with landowners in acquiring oil, gas, and mineral rights (Referred to Professional Licensure - March 20, 2019)

SB 468: would create a 5% natural gas severance tax in Pennsylvania (Referred to Environmental Resources and Energy - March 21, 2019)

Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive ShaleLaw HotLinks:

Connect with us on Facebook! Every week we will post the CASL Ledger which details all our publications and activities from the week.

Want to get updates, but prefer to listen? Check out the Shale Law Podcast! We can always be found on our Libsyn page, iTunes, Spotify, or Stitcher.

Check the February Agricultural Law Brief! Each month we compile the biggest legal developments in agriculture. If you’d like to receive this update via email, check out our website and subscribe!

Monday, November 12, 2018

Shale Law Weekly Review - November 12, 2018

Written by:
Brennan Weintraub - 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.

State Regulation: Colorado Proposition for Increased Oil & Gas Setbacks Fails
On November 6, 2018, the voters of Colorado rejected Proposition 112 which, if adopted, would have required that all new oil and gas drilling operations in the state be at least 2,500 feet away from all occupied structures and vulnerable areas. Vulnerable areas, according to the text of the measure, included public parks, playgrounds, sources of drinking water, and other water bodies across the state. The initiative ultimately failed by roughly twelve points, despite an October poll that found 52% support for the measure.

Pipelines: West Virginia’s Rover Pipeline Has Been Completed
On November 1, 2018, the Federal Energy Regulatory Commission granted Energy Transfer LP permission to put into service the final two segments of its Rover Pipeline project in West Virginia. With the approval of the Sherwood and CGT Laterals, as well as a compressor station and two metering stations, the entire 713-mile natural gas pipeline is now fully operational.  The Rover Pipeline will transport roughly 3.25 billion cubic feet of natural gas per day from the Marcellus and Utica Shales to northern Ohio and Michigan for distribution. The pipeline is also connected to the company’s storage hub in Ontario, where natural gas is stored for later distribution to North American markets.

LNG Exports: DOE Approves Short-Term LNG Exports from Corpus Christi
On November 1, 2018, the U.S. Department of Energy issued an order expanding export authorization for the Corpus Christi Liquefaction Project (Corpus Christi).  The Department of Energy previously granted Corpus Christi short-term authorization on September 28, 2018, to export liquefied natural gas (LNG) to countries with which the U.S. has a free trade agreement (FTA).  The recent order will allow Corpus Christi to also export to non-FTA countries so long as trade with that country is not prohibited by U.S. law or policy.  The order provides for a two-year period beginning either on December 31, 2018, or the date of the Project’s first export - whichever comes first.  Additionally, Corpus Christi is limited to exporting 767 Bcf of natural gas to FTA countries and 767 Bcf to non-FTA countries in a twelve-month period.

GHG Emissions: Washington State Voters Reject Proposed Carbon Fee
On November 6, 2018, voters in the state of Washington voted down Initiative 1631 by roughly a thirteen-point margin. The measure proposed to institute fees on large emitters of greenhouse gas pollutants such as carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, and other gases.  The fee would have been based on the carbon content in the released fossil fuels and would have been collected from natural gas public utilities or entities.  Proceeds from these fees were to have been used to promote green energy sources and address the impacts of climate change.  The Washington Office of Financial Management estimated that the measure would have raised roughly 2.3 billion dollars during the first five fiscal years after adoption.  The program would have also set aside $50 million for a program to support workers transitioning from fossil fuel work.

Pipelines: Fourth Circuit Stays Atlantic Coast Pipeline’s Water-Crossing Permit
On November 7, 2018, the United States Court of Appeals for the Fourth Circuit granted a motion to stay the water-crossing permit for the Atlantic Coast Pipeline in West Virginia. The West Virginia Department of Environmental Protection requires that stream crossings must be completed within 72 hours and that any structures built cannot impede the ability of fish to swim in the stream. Sierra Club, one of the plaintiffs, said in a press release that the project’s plans involve temporarily damming the Greenbrier River for three days, which would make it impossible for fish to navigate the river.

From the National Oil & Gas Law Experts:
George Bibikos, At the Well Weekly, (November 11, 2018)

Charles Sartain, Asserting a Losing Title Claim Isn't (Always) Tortious, Gray Reed (November 7, 2018)

John McFarland, Seeligson v. Devon - Plaintiffs (Almost) Get Class Certification, Oil and Gas Lawyer Blog (November 7, 2018)

Pennsylvania Notices
DEP Grants: $2.6 million in funding to municipalities and businesses for 16 clean energy vehicle projects for air quality and public health (November 8, 2018)
DEP Grants: $610,000 in funding granted to school districts for clean energy vehicle projects (November 9, 2018)

Public Hearings regarding: Air Quality Plan Approvals for Proposed Compressor Stations in Delaware, Bucks Counties (December 4, 2018)

Meeting Cancellation: Environmental Quality Board meeting for November 13, 2018 is cancelled. The next meeting is scheduled for December 18, 2018.

Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive ShaleLaw HotLinks:

Connect with us on Facebook! Every week we will post the CASL Ledger which details all our publications and activities from the week.


Want to get updates, but prefer to listen? Check out the Shale Law Podcast! We can always be found on our Libsyn page, iTunes, Spotify, or Stitcher.

Check the November Agricultural Law Brief! Each month we compile the biggest legal developments in agriculture. If you’d like to receive this update via email, check out our website and subscribe!

Monday, June 4, 2018

Shale Law Weekly Review - June 4, 2018

Written by:
Brennan Weintraub - Research Assistant
Jackie Schweichler – Education Programs Coordinator

The following information is an update of recent local, state, national, and international legal developments relevant to shale gas.

Water Quality: Ohio EPA Releases Storm Water General Permit Draft
On May 21, 2018, the Ohio EPA released a draft permit for public comment that would regulate prevention plans for storm water pollution related to horizontal drilling. The regulations contained in the draft would not be affected by related federal exemptions and would only cover construction that would affect five acres or more. The permit requires the developer to provide a Horizontal Directional Drilling Contingency Plan. The plan must include monitoring and notification procedures, a list of key personnel, corrective action plans, drilling fluid additives and contingency plans.

Pipelines: FERC Gives Rover Permission to Begin Full Service on Second Mainline
On May 31, 2018, the Federal Energy Regulatory Commission (FERC) approved the beginning of full service on Rover’s second mainline, which is scheduled to be completed in late July. The pipeline will carry natural gas from the Utica and Marcellus Shales through Ohio to other parts of the country and Canada. In May 2017,  FERC ordered construction to be suspended after 2 million gallons of drilling fluid was released in wetlands near the construction. The current approval was granted after FERC determined that Rover was in compliance with environmental conditions based on ongoing inspections. According to FERC, restoration and rehabilitation of the affected area is over 90% complete and is expected to be finalized by the end of July 2018.  

Municipal Regulation: PA Supreme Court Invalidates Conditional Use Approval for Well Located in Residential – Agricultural Zoning District
On June 1, 2018, the Pennsylvania Supreme Court ruled that a conditional use had been improperly approved for a shale gas well that was proposed for a Residential-Agricultural zoning district.  (Gorsline v. Board of Supervisors of Fairfield Township v. Inflection Energy, J-13-2017).  The zoning ordinance in question neither expressly authorized nor prohibited the drilling of gas wells.  Thus, the drilling company was required to obtain conditional use approval by establishing that drilling was “similar to and compatible with” other uses in the R-A zoning district.  The court ruled that the company failed in this burden, rejecting the argument that gas wells constitute a “public service.”  The court specifically stated that its opinion “should not be misconstrued as an indication that oil and gas development is never permitted in residential/agricultural districts...”  To properly authorize gas development, municipalities must amend their zoning ordinances to specifically address development in residential/agricultural districts or ensure that the evidentiary record supports any conditional use approvals.  

Production and Operation: Energy Information Administration Releases Natural Gas Monthly Report
On May 31, 2018, the Energy Information Administration (EIA) released their monthly natural gas report using data from March 2018. According to EIA, natural gas production increased by 11.2% from 71.6 Bcf/day in March 2017 to 79.6 Bcf/day in March 2018.  The daily rate of production was the highest for any month since EIA began to track production in 1973. Natural gas consumption levels in 2018 were 9.1% higher than 2017, including increases in residential, commercial, industrial, and electric power deliveries. Natural gas imports decreased by 3.9% and exports increased by 5.5%. The increase in natural gas exports is largely attributed to exports of liquefied natural gas, which has more than doubled since March 2017.


Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive ShaleLaw HotLinks


Connect with us on Facebook! Every week we will post the CASL Ledger which details all our publications and activities from the week.


Stay informed with our monthly Agricultural Law Brief located here.

Monday, May 21, 2018

Shale Law Weekly Review - May 21, 2018

Written by:
Brennan Weintraub - Research Assistant
The following information is an update of recent local, state, national, and international legal 
developments relevant to shale gas.
Water Quality: University Study Finds No Groundwater Impacts from Drilling
On May 3, 2018, researchers from the University of Cincinnati (Ohio) published a four-year study on the effects of hydraulic fracturing (fracking) on the groundwater of the Utica Shale region of Ohio. “We found no relationship between Ch4 [methane] concentration or source in groundwater and proximity to active gas well sites,” said geology professor Amy Townsend-Small and the five other authors of the publication.

Environmental Rights Amendment: Gas Well Permits Don’t Violate PA Constitution, Panel Says
On May 11, 2018, the Pennsylvania Environmental Hearing Board issued its opinion in the Delaware Riverkeeper Network et al. v. Commonwealth of Pennsylvania case. The Board found that the state did not breach its constitutional duties as environmental trustee by issuing permits to Rex Energy Corp. to build several natural gas wells in Butler County. The relevant constitutional provision, Art. I, §27, designates the Commonwealth as the trustee of the state’s public natural resources.

Pipelines: Pennsylvania PUC Approves Restart of Mariner East 1 Pipeline
On May 3, 2018, the Pennsylvania Public Utility Commission unanimously approved a resolution allowing the Mariner East 1 pipeline to resume operations. The pipeline had been shut down after several sinkholes appeared in the area. The owners of the pipeline, Sunoco Pipeline, took “corrective actions,” per the request of the Commission.

Pipelines: Energy Transfer Partners Gets Approval for Additional Rover Facilities
On April 25, 2018, the U.S. Federal Energy Regulatory Commission gave its approval for the Rover Pipeline to put a compressor station and 51 miles of pipeline into service in northern Ohio. Nearly all of the pipeline and most of the necessary infrastructure is already finished. The entire project is expected to be completed within the next year.

Municipal Regulation: Colorado City Leaders Approve Extension of Hydraulic Fracturing Moratorium
On May 15, 2018, the Boulder City Council unanimously approved an extension of the city’s ban on hydraulic fracturing for another two years. The city has banned the practice since 2013, despite a 2016 ruling by the Colorado Supreme Court striking down a similar ban in Longmont. The Boulder ban, however, has not yet been challenged in court.

International Development: UK Makes Changes in Administration of Shale Gas Development
On May 17, 2018, the UK government announced that it will seek to make changes to regulations governing the exploration and extraction of shale gas. Greg Clark, the Secretary of State for Business Energy, and Industrial Strategy stated to Parliament that the government would create a new administrative body, the Shale Environmental Regulator, to simplify regulations. He also announced that a new support fund would be created to help local authorities process shale applications.

National Energy Policy: President Trump Alters Policy on Reduction of Energy Usage by Federal Agencies
On May 17, 2018, President Trump issued an executive order which altered requirements established by President Obama for federal agencies to reduce their energy use by 2.5 percent per year, use clean energy sources for 25 percent of their energy needs, and reduce overall water consumption by 36 percent. The new executive order removes the specific targets put into place in 2015 and allows agencies to set their own targets instead.


Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive ShaleLaw HotLinks


Connect with us on Facebook! Every week we will post the CASL Ledger which details all our 
publications and activities from the week.
Stay informed with our monthly Agricultural Law Brief located here.