Energy Enforcement Update

Recent developments:

  • TOTAL files lawsuit in Texas district court over FERC enforcement action.
  • FERC files opposition to Barclays motion for a stay in district court.
  • At the January 25-26, 2016 Buying and Selling Electric Power in the West Conference, David Applebaum, Director of FERC’s Division of Investigations patched in Tuesday by video due to cancelled flights.

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Sidley Shale and Hydraulic Fracturing Report

Vol. 5, No. 4

Topics discussed in this week’s Report include:

  • U.S. Bureau of Land Management (BLM) proposes new rules for oil and gas development on federal and tribal land.
  • The U.S. Environmental Protection Agency (EPA) urges the Federal Energy Regulatory Commission (FERC) to consider climate impacts, greenhouse gas (GHG) reductions in liquefied natural gas (LNG) export reviews.
  • Industry and environmental groups file comments on proposed pipeline safety regulations.
  • Pennsylvania to issue methane regulations.
  • Lawsuit filed challenging county ordinance in West Virginia banning oil and gas wastewater disposal wells.
  • Oklahoma Geological Survey (OGS) reports increase in quakes in 2015, while state legislature considers new measures in response.
  • Draft Wyoming report: Hydraulic fracturing did not contaminate wells.

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Energy Enforcement Update

Parties in FERC case against Powhatan/Chen file further briefing on the de novo review procedures under the FPA.  On January 21, FERC and Powhatan/Chen each filed memos briefing the court on their positions for de novo review under Section 31(d) of the Federal Power Act.  Recall on January 7, Judge M. Hannah Lauck of the Eastern District of Virginia held a pretrial hearing in Richmond.  At that hearing, Judge Lauck ordered further briefing regarding a number of specific questions on the de novo review issue.

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Sidley Shale and Hydraulic Fracturing Report

Vol. 5, No. 3

Topics discussed in this week’s Report include:

  • Ad hoc review panel of the Environmental Protection Agency’s (EPA) Science Advisory Board (SAB) raises concerns over EPA’s hydraulic fracturing study.
  • Nongovernmental organizations (NGOs) urge Interior Department to stop issuing oil and gas leases pending environmental review.
  • NGOs and Interior Department reach agreement to settle lawsuits regarding offshore hydraulic fracturing.
  • Oklahoma: State agency takes action to curtail waste disposal, and residents file suit in response to seismic activity.

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Sidley Shale and Hydraulic Fracturing Report

Vol. 5, No. 2

Topics discussed in this week’s Report include:

  • U.S. Geological Survey (USGS) announces seismic study in Oklahoma.
  • House Democratic representatives call for probe of U.S. Bureau of Land Management (BLM) oil and gas lease suspensions.
  • New York: Intermediate appellate court holds that village must study environmental effects of selling water to hydraulic fracturing operations in Pennsylvania.
  • Pennsylvania: Commonwealth Court allows challenge to state drilling permitting practices to move forward.
  • Wyoming: Revised draft report indicates alleged groundwater contamination near Pavillion is unlikely to be due to hydraulic fracturing.

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Energy Enforcement Update

Recent developments:

  • Judge in FERC case against Powhatan/Chen holds hearing and orders further briefing on the de novo review procedures under the FPA
  • Barclays files motion for a stay in district court and responds to Ninth Circuit order to show cause.
  • FERC files opposition to City Power’s motion to dismiss.
  • Ken Irvin to speak at upcoming Buying and Selling Electric Power Conference.

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Energy Enforcement Update

FERC issued the attached order to show cause in another Up To Congestion trading case, naming Coaltrain Energy, LP and several individuals.

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Sidley Shale and Hydraulic Fracturing Report

Vol. 5, No. 1

Topics discussed in this week’s Report include:

  • Non-governmental organizations (NGOs) move to enjoin hydraulic fracturing in Chaco Canyon.
  • NGO urges states not to follow Pennsylvania study on drilling wastes.
  • Sinopec commits to doubling shale gas from Fuling gas field.
  • Dallas Fed: At least 70,000 fewer oil jobs in 2015.
  • Study: Pits and tanks both have roles in wastewater storage.
  • Crude oil exports involve trade-offs for Corpus Christi.

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