PA Impact Fee: Pennsylvania Approves New Grants for Infrastructure, Environmental, and Community Projects 
On December 19, 2025, The Department of Community and Economic Development announced the approval of 135 projects funded by the Pennsylvania Impact Fee, also known as Act 13 of 2012. Through the Impact Fee, the Pennsylvania Public Utility Commission collects fees from unconventional gas wells and redistributes those funds to local and state governments “to cover the local impacts of drilling.” Over $14 million has been set aside for these projects which span multiple programs and are intended to support community development, infrastructure improvements, environmental protection, and local planning efforts. Funding includes support for flood mitigation initiatives, recreational and trail enhancements, sewage facilities planning, and watershed restoration projects. Additional grants were awarded through the Sewage Facilities Program and the Watershed Restoration Protection Program to assist municipalities with regulatory compliance and water resource improvements.
Pipelines: Final EIS Issued for Dakota Access Pipeline Easement at Lake Oahe
On December 19, 2025, The U.S. Army Corps of Engineers released the Final Environmental Impact Statement for the Dakota Access Pipeline Lake Oahe Crossing Project, in accordance with the National Environmental Policy Act (NEPA). The assessment examined whether to grant an easement under the Mineral Leasing Act (MLA) that would allow the pipeline to continue operating beneath federally managed lands at Lake Oahe in North Dakota. The assessment considered environmental, social, and economic factors associated with approving or denying the easement. Additionally, five alternatives were evaluated, involving changes to pipeline operations, rerouting, or discontinuation. According to the notice of availability statement, the preferred alternative would approve the easement with added conditions focused on safety measures, monitoring, spill response planning, and protections for water resources and wildlife.
Pipelines: District Court Rules Attempts by Michigan to Shut Down Line 5 Pipeline are Preempted by Federal Law
On December 17, 2025, the United States District Court for the Western District of Michigan concluded that federal law preempted Michigan’s attempts to stop use of a section of the Line 5 pipeline. Enbridge Energy, Ltd. P’ship v. Whitmer, No. 1:20-cv-1141, 2025 LX 590531 (W.D. Mich. Dec. 17, 2025). Line 5 is a crude oil pipeline, four miles of which pass under Michigan’s Straits of Mackinac. In 2020, Michigan issued notice it was terminating the easement for the Line 5 section under the Straits, which in turn Michigan claimed allowed it to shut down Line 5. Enbridge filed suit, alleging that the termination and subsequent shutting down of the pipeline is preempted by the Pipeline Safety Act of 1992. The District Court agreed with Enbridge, reasoning that once a pipeline is constructed, the state has no power to regulate the pipeline’s safety and interfere with the operation. As such, the attempts by Michigan to shut down Line 5 are preempted, and summary judgment was granted to Enbridge.
Pipelines: Alaska LNG Project Completes Permitting Requirements
On December 11, 2025, the Federal Permitting Improvement Steering Council announced that the Alaska LNG project had completed all the federal permitting requirements. Once completed, this project will transport gas from the North Slope natural gas reserves in Alaska to the liquefaction plant and marine terminal in Nikiski, Alaska. The pipeline was initially approved federally in 2020.
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CENTER PROGRAMS & RESOURCES
AgWorks #5. Wage and Hour Laws—Requirements & Exemptions
On Wednesday, January 21, 2025, from 12 noon–2:00 pm ET, the Center for Agricultural and Shale Law, alongside Penn State Extension and sponsored by the Pennsylvania Department of Labor and Industry through funding from the U.S. Department of Labor, will present the fifth agricultural law webinar in the AgWorks program:
Webinar No. 5. Wage and Hour Laws—Requirements and Exemptions
- January 21st from 12 noon-2:00 PM. More Information and Registration Here
Understanding the Basics of Pennsylvania’s Seasonal Farm Labor Law
On Friday, January 23, 2026, from 12 noon–1:00 pm ET, 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, a course designed to develop subject matter literacy and competence on fundamental issues of agricultural law for attorneys and business advisors who work with or represent agricultural or rural clients but may not necessarily specialize in agricultural law:
“Understanding the Basics of Pennsylvania’s Seasonal Farm Labor Law”
- January 23rd from 12 noon-1:00 PM. More Information and Registration Here
Quarterly Dairy Legal Webinar 4th Quarter 2025
On Tuesday, January 27, 2026, from noon–1:00pm ET, the Penn State Center for Agricultural and Shale Law will conduct the latest installment in its Quarterly Dairy Legal Webinar Series. Each quarter’s free one-hour webinar covers the legal and regulatory developments in the U.S. dairy industry from the preceding quarter and includes an in-depth look at a single focus topic of law, regulation, or government policy of interest to dairy professionals of all kinds.
This quarter’s focus topic: Dairy Product Standards of Identity—Regulations and Current Issues
This webinar will provide an overview of the historical context and purpose of standards of identity (SOIs) as they apply to dairy and explain the main regulatory requirements for milk, cheese, yogurt, and other dairy products. It will also discuss recent developments, including the Food and Drug Administration’s (FDA) modernization of the yogurt SOI, FDA’s proposed revocation of 18 dairy SOIs, and challenges related to plant-based alternatives and the use of dairy terms. Additionally, this webinar will review relevant case law concerning plant-based dairy labeling, highlighting disputes over nutritional differences and compliance with SOI requirements.
- January 27th from 12 noon-1:00 PM. More Information and Registration Here
On January 27–29, 2026, the Mid-Atlantic Fruit & Vegetable Convention will be held at the Hershey Lodge in Hershey, Pennsylvania.
On Thursday, January 29, 2026, from 1:30–2:30pm, staff attorney Audry Thompson will present “Minors Working on the Farm: What Ag Employers Need to Know About Child Labor Laws.”
The Fair Labor Standards Act (FLSA) and its corresponding regulations create several exemptions for child labor specifically for agriculture, allowing minors to work on the farm when they otherwise would not be authorized to work at all. This presentation will provide an in-depth discussion of FLSA agricultural child labor exemptions, including a review of “particularly hazardous occupations” and FLSA’s interaction with various state requirements for employing minors.
- January 29th from 1:30 PM -2:30 PM. More Information and Registration Here
On February 5–9, 2026, the North American Farmers’ Direct Marketing Association’s (NAFDMA) will host its annual Convention & Expo in Orlando, Florida.
On Monday, February 9, 2026, staff attorney Jackie Schweichler will present “Opening the Farm Gates: ADA Accessibility for Agritourism Guests” as part of the convention.
- February 9. More Information and Registration Here
Follow us on Twitter @AgShaleLaw to see the latest with our #ShaleLaw HotLinks
Connect with us on Facebook.
Penn State Farmland Energy Legal Podcast: Listen to the latest episode here.
Oil & Gas Law & Policy Resources:
Bibikos, At the Well Weekly (v.12.19.2025) (December 23, 2025)
Sartain, What Happened at COP30 (January 6, 2026)
Sartain, Condition Precedent Stymies Seismic Operation (January 8, 2026)
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. DEPARTMENT OF ENERGY PRESS RELEASES
U.S. Department of Energy Awards $2.7 Billion to Restore American Uranium Enrichment (January 5, 2026)
FACT SHEET: President Trump is Restoring Prosperity, Safety and Security for the United States and Venezuela (January 7, 2025)
U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES
EPA, Rio Blanco County Achieve Successful Containment of Crude Oil Spill (January 8, 2026)
EPA Disapproves Colorado’s Regional Haze Plan and Supports State’s Coal Plants (January 9, 2026)
FEDERAL EXECUTIVE AGENCIES (Federal Register January 5–January 12 2026)
Environmental Protection Agency
91 FR 492 Proposed Rule: “Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Extension of an Alternative Closure Requirement Deadline; Extension of Comment Period” (January 7, 2025)
Energy Department
91 FR 553 Rule: “Petroleum-Equivalent Fuel Economy Calculation” (January 8, 2026)
U.S. Army Corps of Engineers
91 FR 478 Rule: “Reissuance and Modification of Nationwide Permits” (January 8, 2026)
Land Management Bureau
91 FR 379 Notice: “States’ Decisions on Participating in Accounting and Auditing Relief for Federal Oil and Gas Marginal Properties” (January 6, 2026)
Pipeline and Hazardous Materials Safety Administration
91 FR 1032 Notice: “Hazardous Materials: Notice of Preemption Application From Exxon Mobil Corporation and Invitation for Public Comments” (January 9, 2026)
U.S. HOUSE ENERGY AND COMMERCE COMMITTEE
H.R.6983 – To require data centers to generate electricity, and for other purposes.. (Referred to the House Committee on Energy and Commerce., January 8 2025)
H.R.6984 – To require reports on the effects of data centers on air quality and water quality, and on electricity consumption by data centers. (Referred to the House Committee on Energy and Commerce., January 8 2025)
H.R.7000 – To amend the Clean Air Act to exclude a portable fuel container from the definition of a consumer or commercial product, and for other purposes. (Referred to the House Committee on Energy and Commerce., January 9 2025)
U.S. SENATE ENERGY AND NATURAL RESOURCES COMMITTEE
S.3585 – A bill to amend the Federal Power Act to exempt consumer-regulated electric utilities from Federal regulation, and for other purposes. (Read twice and referred to the Committee on Energy and Natural Resources, January 7, 2025)
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA DEPT. OF ENVIRONMENTAL PROTECTION PRESS RELEASES
Shapiro Administration Improves Environmental Protections for Pennsylvania Communities by Increasing Public Engagement in New Environmental Justice Policy (January 5, 2025)
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 56, No. 2 – January 10, 2025)
Written by:
Benjamin Aronovitch, Research Assistant
Caden Dean-Sauter, Research Assistant
Jackie Schweichler, Staff Attorney
