American Oil and Gas Reporter - September 2018 - 19

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"represents a less imminent or potential
conservation threat."
"By creating obligations tied to
species of special concern, which are
not at the same level of risk as
threatened or endangered species, the
regulation upsets the balance between
industry and the environment strived for
in Act 13," the court wrote.
Finally, the court rejected provisions
allowing municipalities and playground
operators to comment on well permits
as "public resource agencies" under Act
13. According to the judges, the
Pennsylvania Supreme Court's
Robinson II decision nullified the
section aimed at municipal input, and
the Commonwealth Court determined
the definition of playground owners was
overly broad.
The court rejected the MSC's
contention that the entire regulation was
invalid because the required regulatory
analysis form outlining the economic
impacts, statement of need and
estimated costs of complying with the
rules was inadequate, PIOGA observes.
Six remaining counts, including
challenges to standards for on-site

processing, impoundments, site
restoration, spill remediation and waste
reporting, also are being considered by
the Commonwealth Court, with
arguments scheduled for October. r

Keystone XL Requires
Full EIS, Judge Rules
BILLINGS, MT.-A federal judge in
Montana has ordered the U.S. State
Department to perform a full
environmental impact statement on the
revised route through Nebraska for the
Keystone XL Pipeline, according to
published reports.
The reports say U.S. District Judge
Brian Morris ruled on Aug. 15 that the
State Department was obligated to
"analyze new information relevant to the
environmental impacts of its decision."
The Nebraska Public Service
Commission last November approved
an alternative route for the Keystone XL
that the PSC determined would reduce
the pipeline's impacts on endangered
species habitat (AOGR, December 2017,
pg. 16). Reports indicate the State

Department determined in an
environmental assessment released in
July that the revised route would not
harm water supplies or wildlife. That
decision was challenged in U.S. District
Court for the District of Montana by the
Indigenous Environmental Network and
other plaintiffs.
TransCanada Corp. filed its initial
application in 2008 for a bordercrossing permit for the 1,187-mile
pipeline intended to carry up to 800,000
barrels a day of crude oil from Hardisty,
Alberta, to Steele City, Ne., for eventual
shipment to Gulf Coast refineries.
President Barack Obama eventually
denied that permit application in
November 2015 (AOGR, December
2015, pg. 30), but under President
Trump, the State Department reversed
that decision and granted Keystone XL
a presidential permit in March 2017
(AOGR, April 2017, pg. 28). That
permit was based on an EIS performed
by the State Department in 2014, and
the Indigenous Environmental Network
asked Judge Morris to void that permit
as well. However, he refused to do so,
the reports say. r

The Texas Independent Producers & Royalty Owners Association held its annual
summer conference Aug. 89 at the Hyatt Hill Country
Resort in San Antonio. TOP:
Representative Will Hurd, RTx., warns TIPRO of foreign
threats seeking to unsettle
U.S. energy production, including Russian hackers who
have attempted cyberattacks.
BOTTOM LEFT: TIPRO Chairman Eugene Garcia (left)
presents David F. Martineau
with the 2018 Mr. TIPRO
Award for his loyalty and involvement with the association. BOTTOM RIGHT: TIPRO
President Ed Longanecker
(left) honors Urban F. "Obie"
O'Brien, vice president of
government affairs and corporate outreach for Apache
Corp., with the 2018 TIPRO
"Excellence in Advocacy"
Award, recognizing his distinguished career in politics
and energy policy.

SEPTEMBER 2018 19
American Oil and Gas Reporter - September 2018

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