Oil and Gas UpdateEnvironmentalLittle Known Agency Assumes New Enforcement PowersOctober 19, 2016 A little known federal agency in charge of pipeline safety has just issued a new regulation that represents a major change in its enforcement authority over regulated pipelines. The Pipeline and Hazardous Materials Safety Administration (PHMSA), an independent agency within the U.S. Department of Transportation, has announced an “Interim Final Rule” (IFR) on its website which will authorize it to… ExxonMobil Sued by Climate Activists for Failure to Account for Climate Risks to Oil Storage Facility in MassachusettsOctober 7, 2016 The Conservation Law Foundation has sued Exxon in Massachusetts for failing to acknowledge and respond to climate-based risks posed to the environment by its petroleum terminal in Everett, Massachusetts. The Complaint claims the terminal lies below the level of a storm surge that occurred in 1978 and if FEMA were to update flood hazard maps through the area, then the terminal would likely fall… The Supreme Court of Ohio Issues Ohio Dormant Mineral Act OpinionsSeptember 16, 2016 On September 15, 2016 the Supreme Court of Ohio issued a decision resolving key issues involving the application of Ohio’s Dormant Mineral Act, R.C. § 5301.56. The Dormant Mineral Act was first enacted in 1989 to facilitate the termination of dormant mineral interests, but was amended in 2006 to require notice to the holder of a severed mineral interest and the recording of certain instruments… Sierra Club Expands War on Gas in Challenge to Air Permit for Gas Plant: Claims Emissions from Gas Supply Pipeline and Associated Compression Should be Included in AnalysesAugust 23, 2016 The Sierra Club and its acolytes have openly derided those who advocate using gas as a “bridge fuel.” Now, the group seeks to slow the construction of both a new gas-fired power plant in Virginia and the Atlantic Coast Pipeline slated to provide fuel to the Plant. The Appalachian Mountain Advocates (“Appalmad”), who serve frequently as counsel to the Sierra Club, have bragged… EPA’s Science Advisory Board Critiques EPA Assessment of Hydrofracking Impacts on Water ResourcesAugust 17, 2016 In 2009, Congress asked EPA to examine the relationship between hydraulic fracturing and drinking water resources. In June 2015, EPA released for external review a draft report entitled “Assessment of the Potential Impacts for Oil and Gas on Drinking Water Resources.” The Executive Summary observed that the Assessment “synthesizes available scientific literature and data to assess the… Court Allows Pipeline Opponents to Challenge Clean Water Act Permits Directly in Circuit Courts of AppealAugust 11, 2016 The Natural Gas Act (“NGA”) of 1938 grants the Federal Energy Regulatory Commission (“FERC”) exclusive authority to regulate sales and transportation of natural gas in interstate commerce. To that end, Section 7 of the NGA empowers FERC to authorize the construction and operation of interstate transportation facilities—i.e., pipelines. FERC does so by determining whether a project serves the… Sierra Club Sues Gas Industry Claiming Waste Injection is Causing Earthquakes in Oklahoma and KansasFebruary 22, 2016 The Sierra Club has sued Chesapeake Energy, Devon Energy and New Dominion in federal court in Oklahoma. The complaint alleges that waste injection by all three companies has contributed to an increase in the number and severity of earthquakes throughout Oklahoma and southern Kansas. Specifically, it claims that the number of earthquakes in Oklahoma has increased more than 300 fold, from a… Fayette County, WV Ordinance Banning Oil & Gas Waste Disposal Met with Preemptive Challenge By Gas IndustryJanuary 20, 2016 Fayette County, West Virginia is home to the New River Gorge. It is also home to the newest local ordinance affecting the oil and gas industry. On January 12, 2016, the County adopted an “Ordinance Banning the Storage, Disposal or Use of Oil and Natural Gas Waste in Fayette County, West Virginia.” Just days later, EQT Production Company sued the County Commissioners in federal court… |
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