GHG Emissions: European Parliament Adopts Draft Measures to Achieve Zero-emission Buildings by 2050
On Tuesday, March 14, 2023, Members of the European Parliament adopted a proposed amendment to the Energy Performance of Buildings Directive, which now calls for the total decarbonization of buildings in all members states by 2050. In addition to buildings, the revision 55 percent reduction in greenhouse gas (GHG) emissions across the European Union (EU) by 2030. The proposal recommends that Member States should move away from fossil fuels for heating and suggests that tax incentives should be adopted to encourage renewable energy sources instead. The proposal emphasizes the significance of conservation, noting that GHG reduction efforts should protect monuments and buildings of historical and architectural merit.  The revision also asserts the dire need for improved energy efficiency and performance in buildings whenever possible, stating that the decarbonization of the process by which buildings are constructed and maintained is a necessary and urgent step in achieving the EU’s climate goals.  

LNG Exports: Canada Allows Proposed LNG Project to Proceed to an Environmental Assessment
On Thursday, March 16, 2023, Canada’s Chief Executive Assessment Officer (CEAO) released a readiness document outlining its reasons for allowing a proposed Liquid Natural Gas (LNG) export facility project to proceed to the Environmental Assessment (EA) phase. The project in consideration is the Ksi Lisims LNG export facility, which was proposed by Nisga’a Nation, Rockies LNG Limited Partnership, and Western LNG LLC in 2021. According to Ksi Lisims, the facility, if approved, will become the largest LNG exporter in the world to achieve net zero greenhouse gas emissions after three years of operation. In the readiness decision, the CEAO emphasized its careful consideration of the project’s potential impact upon Indigenous Canadian Peoples, finding no extraordinarily adverse effect that would prohibit the project from advancing to the EA stage of the approval process.

Oil & Gas Law & Policy Resources:

Bloomberg, Tanker Giants Sprout From Nowhere to Keep Russian Oil Moving (March 18, 2023)

De Spiegeleir & Brucher, Climate Docket and the Future in the Case Law of the European Court of Human Rights (March 20, 2023)

Bloomberg, Venezuela’s Oil Minister Resigns Amid PDVSA Corruption Probe (March 21, 2023)

Sartain & White, Another Double-Fraction Texas Deed Case (March 22, 2023)

Bloomberg, Oil Dips Ahead of Fed Rate Decision After Two-Day Relief Rally (March 22, 2023)

Arlota, Beyond troubled waters? Unprecedented cross-border transportation and injection of carbon dioxide (CO2) for offshore storage shows promise (March 23, 2023)

Bloomberg, Pemex, Talos Agree to Share Some Decisions on Zama Oil Field (March 23, 2023)

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks March 18– March 24, 2023:

Biden Withdraws More Areas of Alaska from Oil Exploration (Institute for Energy Research)

California Regulators to Investigate High Natural Gas Prices (Bloomberg)

Boston seeking to limit fossil fuel use in new buildings (AP)

N.Y. lawmakers near first gas ban for new buildings (PoliticoPro)

DUH demands immediate halt to construction as work begins on Baltic Sea LNG terminal (Offshore Energy)

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

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. DEPARTMENT OF ENERGY

DOE Releases New Reports on Pathways to Commercial Liftoff to Accelerate Clean Energy Technologies (March 21, 2023)

Biden-Harris Administration Announces Over $200 Million to Modernize and Expand Hydropower (March 22, 2023)

Biden-Harris Administration Announces $250 Million for Federal Agencies to Advance Net-Zero Projects and Save Taxpayers Money (March 23, 2023)

DOE Finalizes Efficiency Rules for Room Air Conditioners and Portable Air Cleaners (March 23, 2023)

U.S. ENVIRONMENTAL PROTECTION AGENCY

National Freight Carrier to Pay Civil Penalties and Implement Stormwater Compliance Measures for Clean Water Act Noncompliance (March 20, 2023)

EPA Announces Clean Air Act Violations for Permian Basin Company (March 22, 2023)

FEDERAL EXECUTIVE AGENCIES (Federal Register March 20–March 26, 2023):

Environmental Protection Agency

88 FR 17161: Rule: “Air Plan Approval; Indiana; Revisions to Particulate Matter Rules; Vertellus” (March 22, 2023)

Federal Energy Regulatory Commission

88 FR 17565: Notice: “Combined Notice of Filings” (March 23, 2023)

Susquehanna River Basin Commission

88 FR 17916: Notice: “Actions Taken at March 16, 2023 Meeting” (March 24, 2023)

Bureau of Land Management

88 FR 17867: Notice: “Notice of Competitive Offer for Solar Energy Development on Public Lands in Saguache County, CO” (March 24, 2023)

Safety and Environmental Enforcement Bureau

88 FR 17725: Rule: “Oil and Gas and Sulfur Operations on the Outer Continental Shelf-Civil Penalty Inflation Adjustment” (March 24, 2023)

Other Agencies

88 FR 18126: Notice: “Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico” (March 27, 2023)

88 FR 17819: Notice: “Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico” (March 24, 2023)

88 FR 17525: Notice, Comments Close 4/24/23: “Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Punta Gorda Lighthouse Stabilization Project in Humboldt County, CA” (March 23, 2023)

88 FR 17646: Notice, Comments Close 4/24/23: “Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Marine Geophysical Survey Off North Carolina in the Northwest Atlantic Ocean” (March 23, 2023)

88 FR 16887: Rule: “Publication of Russian Harmful Foreign Activities Sanctions Regulations Web General Licenses 8E, 58, and 59” (March 21, 2023)

88 FR 16889: Rule: “Publication of Russian Harmful Foreign Activities Sanctions Regulations Web General Licenses 8F, 13D, 60, and 61” (March 21, 2023)

88 FR 16651: Notice, Comments Close 5/19/23: “Agency Information Collection Activities; U.S. Fish and Wildlife Service Grassland Easements” (March 20, 2023)

U.S. HOUSE ENERGY AND COMMERCE COMMITTEE

H.R.1766 “To amend the Federal Power Act to establish a procedure for the siting of certain interstate electric transmission facilities, and for other purposes.” Referred to the House Committee on Energy and Commerce. (March 23, 2023)

H.R.1141 “Natural Gas Tax Repeal Act” Placed on the Union Calendar, Calendar No. 8. (March 23, 2023)

H.R. 1140 “To authorize the Administrator of the Environmental Protection Agency to waive application of certain requirements with respect to processing and refining a critical energy resource at a critical energy resource facility, and for other purposes.” Placed on the Union Calendar, Calendar No. 9. (March 23, 2023)

H.R.1131 “To require the Administrator of the Environmental Protection Agency to authorize the use of flexible air permitting with respect to certain critical energy resource facilities, and for other purposes.” Placed on the Union Calendar, Calendar No. 10. (March 23, 2023)

H.R.1121 “Protecting American Energy Production Act” Reported by the Committee on Energy and Commerce. H. Rept. 118-19, Part I. (March 23, 2023)

H.R.1115 “Promoting Interagency Coordination for Review of Natural Gas Pipelines Act” Placed on the Union Calendar, Calendar No. 15. (March 23, 2023)

H.R.1070 “To amend the Solid Waste Disposal Act to provide the owner or operator of a critical energy resource facility an interim permit under subtitle C that is subject to final approval by the Administrator of the Environmental Protection Agency, and for other purposes.” Placed on the Union Calendar, Calendar No. 13. (March 23, 2023)

H.R.1068 “Securing America’s Critical Minerals Supply Act” Placed on the Union Calendar, Calendar No. 14. (March 23, 2023)

H.R.1058 “Promoting Cross-border Energy Infrastructure Act” Placed on the Union Calendar, Calendar No. 16. (March 23, 2023)

H.R.1710 “To establish the Office of Manufacturing and Industrial Innovation Policy and strategic national manufacturing policy for the United States, to provide manufacturing and industrial perspective and advice to the President, to provide for a comprehensive survey and cross administration management of efforts to ensure global leadership in manufacturing critical to the long-term economic health and national security of the United States, and for other purposes.” Referred to the Committee on Energy and Commerce, and in addition to the Committees on Science, Space, and Technology, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (March 22, 2023)

U.S. SENATE ENERGY AND NATURAL RESOURCES COMMITTEE

S.947 “A bill to lower energy costs by increasing American energy production, exports, infrastructure, and critical minerals processing, by promoting transparency, accountability, permitting, and production of American resources, and by improving water quality certification and energy projects, and for other purposes.” Read twice and referred to the Committee on Energy and Natural Resources. (March 22, 2023)

S.946 “A bill to amend the Federal Power Act to establish a procedure for the siting of certain interstate electric transmission facilities, and for other purposes.” Read twice and referred to the Committee on Energy and Natural Resources. (March 22, 2023)

S.934 “A bill to amend the Department of Energy Organization Act to assign certain functions to the Assistant Secretaries of Energy relating to energy emergencies and energy security, and for other purposes.” Read twice and referred to the Committee on Energy and Natural Resources. (March 22, 2023)

S.914 “A bill to establish an energy threat analysis center in the Department of Energy.” Read twice and referred to the Committee on Energy and Natural Resources. (March 22, 2023)

S.912 “A bill to require the Secretary of Energy to provide technology grants to strengthen domestic mining education, and for other purposes.” Read twice and referred to the Committee on Energy and Natural Resources. (March 22, 2023)

S.879 “A bill to provide greater output, price stability, and regulatory certainty with respect to domestic energy production in the United States and exports, and for other purposes.” Read twice and referred to the Committee on Energy and Natural Resources. (March 21, 2023)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 12 March 125, 2023)

DEPARTMENT OF ENVIRONMENTAL PROTECTION

53 Pa.B. 1704: Applications: “APPLICATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS AND WATER QUALITY MANAGEMENT (WQM) PERMITS UNDER THE CLEAN STREAMS LAW AND FEDERAL CLEAN WATER ACT”

PENNSYLVANIA LEGISLATURE

H.B.518 “An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in sales and use tax, further providing for exclusions from tax.” Referred to FINANCE. [House] (March 17, 2023)

H.B.137 “An Act establishing the Solar for Schools Grant Program; providing for powers and duties of the Department of Community and Economic Development; and making an appropriation.” Referred to ENVIRONMENTAL RESOURCES AND ENERGY [House] (March 20, 2023)

 

Written by:
Kole Zellers, Research Assistant
Kendal Ashman, Research Assistant
Jackie Schweichler, Staff Attorney