Oil and Gas Leasing: Bureau of Land Management Receives Nearly $24 Million in Bids for Oil and Gas Lease Sales in Montana and North Dakota ⚡
On August 7, 2024, the Bureau of Land Management (BLM) conducted a sale for oil and gas leases in the Montana and Dakotas region. The BLM received 264 bids and $23,935,772 in high bids for the 26 parcels, adding up to 5,570 acres, in the Montana-Dakotas Region. The lease sale had its public scoping period from December 28, 2023, to January 29, 2024, and the BLM released its decision record on August 5, 2024, stating their intent to offer the 26 parcels of land for sale.

LNG Infrastructure: Pipeline and Hazardous Materials Safety Administration Announces Streamlined Federal Environmental Review Process
On July 3, 2024, On August 8, 2024, the Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice in the Federal Register announcing the adoption of a categorical exclusion for Natural Gas Distribution Infrastructure Safety and Modernization Grants (NGDISM) under the National Environmental Policy Act (NEPA), effective immediately. (89 FR 55303). On August 8, 2024, PHMSA explained the categorical exemption in an announcement stating recipients of NGDISM grants will now be able to access a “streamlined federal environmental review process for communities to fix older, leak prone natural gas pipes.” PHMSA states that the streamlined process is because these projects “have collectively been determined to provide a benefit to the environment.”

Federal Lands: United States Bureau of Land Management Proposes New North Dakota Resource Management Plan Revision
On August 9, 2024, the United States Bureau of Land Management’s (BLM) North Dakota Field Office published a notice in the Federal Register relating to BLM oil and gas operations in North Dakota. This notice presents the proposed resource management plan (RMP) for the North Dakota Resource Plan Revision and updates the 1988 North Dakota RMP. The new plan creates guidelines for the “58,500 acres of BLM-managed public lands and 4.1 million acres of BLM-administered mineral estate in North Dakota,” and includes closing “low development potential “oil and gas leasing operations, and drinking water source protected areas, as well as adjust fluid mineral lease stipulations and right of way exclusion areas. This adjustment would allow mineral leases, as long as “the functionality of the habitat can be maintained by applying special stipulations and design features.” This notice has a 30-day comment period and a 60-day review by the governor’s office.

LNG Exports: DC Court of Appeals Reverses Approval for South Texas LNG Export Plants
On August 6, 2024, the United States Court of Appeals for the DC Circuit issued an opinion relating to an authorization for two liquefied natural gas (LNG) plants in Southern Texas, reversing the authorization and subsequently suspending the construction of those plants. City of Port Isabel v. FERC, Nos. 23-1174, 23-1221, 23-1175, 23-1222, 2024 (D.C. Cir. Aug. 6, 2024). The authorization was previously given out to the plants by the Federal Energy Regulatory Commission (FERC). In their opinion, the court of appeals stated that despite FERC’s authorization of the plant projects, the nature of the flaws FERC made, specifically in their analysis of the plants’ environmental impact on the local climate and air quality, demanded that the projects be put on hold until more information could be gathered. The construction of the plants, one which was already underway, has been put on hold and FERC and the plant developers have been given 45 days to request a rehearing.

Pipelines: PHMSA Proposes Waivers to Domestic Preference Requirements for Gas Meters
On August 23, 2024, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice open to public comment proposing a waiver the Build America, Buy America (BABA) Act’s domestic preference requirements for gas service risers and gas meters. Under BABA, those who received funding under the Natural Gas Distribution Infrastructure Safety and Modernization (NGDISM) Grant Program are held to domestic preference requirements, with few exceptions. One primary exception is if PHMSA finds the domestic product to be unavailable. After receiving petitions from NGDISM users regarding the unavailability of domestic produced parts for gas service risers and gas meters, the PHMSA made a preliminary determination that both products lack sufficient domestic production and proposed the BABA waiver.

 

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CENTER PROGRAMS & RESOURCES

Understanding the Basics of the H-2A Temporary Agricultural Worker Program – The Penn State Center for Agricultural and Shale Law, alongside the Pennsylvania Department of Agriculture’s (PDA) Agricultural Business Development Center (ABDC), will present the next webinar in the Understanding Agricultural Law educational series. More information here.

Fair Labor Standards Act for Farmers – the Penn State Center for Agricultural and Shale Law will present “The Fair Labor Standards Act for Farmers.” More information here

2024 Pennsylvania Agricultural Law Symposium – The Center for Agricultural and Shale Law will host the 2024 Pennsylvania Agricultural Law Symposium in-person at Penn State Law, Lewis Katz Building in University Park, PA. This day-long symposium will offer 6 CLE credits for Pennsylvania-licensed attorneys.

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks 

DOI to Provide $775MM to 21 States to Plug Orphan Wells  (Rigzone)

Oil industry says Pennsylvania climate lawsuit violates Sunshine law (E&E News)

Renewable Energy Consumption Hits New Record High (Forbes)

North America Drops Rigs for First Time in Months (Rigzone)

Swing state voters support domestic drilling (The Center Square)

Connect with us on Facebook.

Penn State Farmland Energy Legal Podcast: Listen to the latest episode here.

Oil & Gas Law & Policy Resources:

Bloomberg, European Airlines Outpace US Carriers on Cleaner Jet Fuel (August 19, 2024)

Bloomberg, Oil Slumps as China Demand Fears Ignite ‘Bearish Dominance’ (August 19, 2024)

Bloomberg, Oil Extends Drop as US Push for Gaza Cease-Fire Gains Momentum (August 20, 2024)

Bloomberg, Natural Gas Demand Will Remain Strong After 2050, Santos Says (August 21, 2024)

Bloomberg, Another ‘Dark Fleet’ Tanker Set for Sanctioned Russian LNG Plant (Aug 22, 2024)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. DEPARTMENT OF ENERGY PRESS RELEASES

DOE Outlines Tools and Technologies to Help Industry Leaders and Partners Meet Growing Energy Demand (August 22, 2024)

DOE Outlines Tools and Technologies to Help Industry Leaders and Partners Meet Growing Energy Demand (August 22, 2024)

FEDERAL EXECUTIVE AGENCIES (Federal Register June 1, 2024 – June 7, 2024)

Federal Energy Regulatory Commission

89 FR 67632 Notice: “Freeport LNG Development, L.P., FLNG Liquefaction, LLC, FLNG Liquefaction 2, LLC, and FLNG Liquefaction 3, LLC; Notice of Request for Extension of Time” (August 21)

Energy Department

89 FR 67075 Notice: “Request for Information Regarding Interregional and Offshore Wind Transmission” (August 19, 2024)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE 

PENNSYLVANIA DEPT. OF ENVIRONMENTAL PROTECTION PRESS RELEASES

DEP Accepting Applications for Environmental Education Projects (August 23, 2024)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 54, No. 34 – August 24, 2024)

Department of Environmental Protection

[54 Pa.B. 5442] Federal Consistency under the Coastal Zone Management Act; Neill Drive Pumping Station Stream and Infrastructure Protection (August 24, 2024)

Pennsylvania Public Utility Commission

[54 Pa.B. 5457]  “Wastewater Service” (August 24, 2024)

 

Written by:
Victoria Dutterer, Research Assistant
Riley Amdor, Research Assistant
Caden Dean-Sauter, Research Assistant
Jose Rojas, Research Assistant
Samuel Sweeten, Research Assistant
Jackie Schweichler, Staff Attorney