Water Quality: Appeal Filed After Court Denies Injunction in New Freeport Water Contamination Case ⚡
On September 15, 2025, The Center for Coalfield Justice announced that the U.S. District Court for the Western District of Pennsylvania denied a request for preliminary injunction in a class action lawsuit involving residents of New Freeport’s claims of water contamination. Hice v. EQT Corp., No. 2:24-cv-896 (W.D. Pa. June 20, 2024). In the class action complaint, residents alleged that EQT negligently “injected hazardous chemicals and industrial waste into the water supply of surrounding residents” as part of their gas drilling operations. In denying the injunction, the Court reasoned that there was insufficient evidence of irreparable harm. The plaintiffs argued that monetary compensation cannot resolve the long-term environmental and health consequences of groundwater contamination. The denial of the injunction has prompted an appeal to the U.S. Third Circuit Court of Appeals, as the plaintiffs seek broader accountability and longer-term solutions. Additionally, local governments have responded by declaring a disaster in an effort to secure public funding for infrastructure, creating controversy over who should bear the financial responsibility for restoring clean water access.

Wastewater Treatment: EPA Issues Permit for Enhanced Recovery Injection Well in Pennsylvania
On September 24, 2025, the EPA issued a permit, under the Safe Water Drinking Act, to Sandstone Development LLC to construct and operate a Class II-R enhanced recovery injection well, named McKay 7A, located in Lafayette Township, McKean County, Pennsylvania. The permit stipulates that Sandstone must comply with all applicable regulations to prevent the migration of contaminants into drinking water sources and mandates continuous monitoring, reporting, and regular mechanical integrity tests of the well. It also requires maintaining financial responsibility to ensure proper plugging and abandonment of the well at the end of its operational life. Furthermore, the permit can be modified, revoked, or terminated as necessary, and Sandstone must provide access to EPA officials for inspection and information requests.

National Energy Policy: FERC Terminates 2022 Policy Statement Regarding Natural Gas Transportation Applications
On September 12, 2025, the Federal Energy Regulatory Commission (FERC) issued an order terminating a 2022 policy statement, titled, “Certification of New Interstate Nat. Gas Facilities.” By terminating the 2022 policy statement, FERC reverts back to the original 1999 policy, which features a sliding scale of public benefit and adverse effects, when determining if a new interstate transportation facility was necessary. On February 18, 2022, FERC created the new policy, which weighed all factors, including public health, environmental, environmental justice concerns, and impacts on existing pipelines. However, after receiving comments filed in response to the 2022 policy and applying the 1999 policy on a case-by-case basis, FERC determined that the 1999 policy is more consistent with the Natural Gas Act, as opposed to the 2022 policy. As such, the 2022 policy has been terminated.  

Pipelines: DOJ Issues Statement of Interest in Enbridge’s Case Against the State of Michigan
On September 19, 2025, the Department of Justice (DOJ) issued a statement of interest in support of Enbridge’s claim against the State of Michigan. Enbridge Energy, LP v. Whitmer, 135 F.4th 467 (6th Cir. 2025). In 2020, the Governor of Michigan revoked Enbridge’s easement, alleging that the easement had been violated due to an unreasonable risk of oil spillage. Consequently, Enbridge filed suit, claiming Michigan exceeded its authority in revoking an easement granted for the Line 5 natural gas pipeline. Enbridge argues that the Pipeline Safety Act expressly preempts the revocation, as only the Pipeline and Hazardous Materials Safety Administration possess the power to regulate the safety of interstate pipelines. The DOJ issued its statement, claiming that the United States has a strong interest in this case, as the Pipeline Safety Act mandates that the Department of Transportation (DOT) enforces safety standards for pipelines, and it is in the United States’ best interest to ensure states cannot undermine that authority. Further, the pipeline at issue is subject to a treaty with Canada, and any potential rulings could make the U.S. liable for treaty violations. Finally, the United States also claims that it has an interest in promoting affordable energy, and discontinuing the pipeline at issue would threaten that interest.

 

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CENTER PROGRAMS & RESOURCES

Quarterly Dairy Legal Webinar 3rd Quarter 2025

On Tuesday, October 14, 2025, 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 andincludes an in-depth look at a single focus topic of law, regulation, or government policy of interest to dairy professionals of all kinds.

Understanding the Basics of Pennsylvania’s Seasonal Farm Labor Law

On Friday, October 24, 2025, 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”

Mid-Atlantic Ag and Resource Law Conference with WVU Extension

On Tuesday and Wednesday October 28–29, 2025, West Virginia University (WVU) and WVU Extension will host the 2025 Mid-Atlantic Agricultural and Resource Law Conference, co-sponsored by Penn State Center for Agricultural and Shale Law.

Understanding Immigration Compliance: I-9s, Audits and ICE Raids

On Friday, October 31, 2025, from 12 noon–1:00 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 Immigration Compliance: I-9s, Audits and ICE Raids”

Guest Presenter: Jacob Monty, Esq., Monty & Ramirez LLP

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:

Sartain, Louisiana Oilfield Anti-Indemnity Act Nullifies Offshore Indemnity Obligation (October 6, 2025)

Hug, Mallen, Reiter, Coffman, and Das FERC Issues New Final Direct Rule Implementing Executive Order on Regulatory Sunsetting (October 9, 2025)

Silverman-Roati and Webb, Climate Governance under the London Convention and Protocol: Lessons from Sub-Seabed Carbon Sequestration  (October 10, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. DEPARTMENT OF ENERGY PRESS RELEASES

U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES

EPA to hold public hearing on the City of Asheboro’s wastewater treatment plant proposed permit (October 8, 2025)

Santee Sioux Nation Remains Under Manganese Drinking Water Advisory (October 10, 2025)

FEDERAL EXECUTIVE AGENCIES (Federal Register October 6–13, 2025)

Federal Energy Regulatory Commission

90 FR 48221 Rule: “Removal of Regulations Limiting Authorizations To Proceed With Construction Activities Pending Rehearing” (October 10, 2025)

Natural Resources Revenue Office

90 FR 38938 Rule: “Offshore Distribution Cap Changes” (October 13, 2025)

U.S. HOUSE ENERGY AND COMMERCE COMMITTEE

H.R.5692 – To accelerate the competitiveness of the United States in marine energy technologies, and for other purposes. (Introduced October 6, 2025)

U.S. SENATE ENERGY AND NATURAL RESOURCES COMMITTEE 

S.J. Res.61 – A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Land Management relating to “Miles City Field Office Record of Decision and Approved Resource Management Plan Amendment”.

(Placed on Senate Legislative Calendar under General Orders. Calendar No. 179., October 7, 2025)

S.J. Res.71 – A joint resolution terminating the national emergency declared with respect to energy. (Failed of passage in Senate by Yea-Nay Vote. 47 – 51., October 8, 2025)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE 

PENNSYLVANIA DEPT. OF ENVIRONMENTAL PROTECTION PRESS RELEASES

ADVISORY – Brockway – DEP to Hold Public Meeting/Hearing on a Municipal Waste Transfer Station Application (October 6, 2025)

DEP Extends Keystone Landfill Operating Permit During Renewal Application Review (October 7, 2025)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 55, No. 41 – October 11, 2025)

Department of Environmental Protection

55 Pa.B. 7207: Mine Families First Response and Communication Advisory Council Meeting

55 Pa.B. 7207: Proposed Conditional State Water Quality Certification under Section 401 of the Clean Water Act for the United States Army Corps of Engineers Nationwide Permits

Pennsylvania Public Utility Commission

55 Pa.B. 7214: Natural Gas Service

55 Pa.B. 7212: Electric Generation Supplier License Cancellation of Companies with an Expired Financial Security, Insufficient Financial Security Amount or Language

 

Written by:
Benjamin Aronovitch, Research Assistant
Caden Dean-Sauter, Research Assistant
Jackie Schweichler, Staff Attorney