The 1938 Law Running Your Pipeline Projects Was Never Updated
The last 18 months have been about as good as it gets for anyone who moves Marcellus and Utica molecules. President Trump’s Executive Order 14154 killed the Biden LNG export pause on day one. FERC rewrote its environmental review procedures in June 2025 to speed things up. And FERC finally drove a stake through Order No. 871, the Biden-era rule that let Big Green freeze construction on an approved pipeline just by filing an appeal (see FERC Upholds Eliminating Order 871 – Pipeline Challenge Rule). Here’s the uncomfortable part, and a new Congressional Research Service report (full copy below) lays it out plainly: not one of those wins is written into law. Every single one is an executive order or an agency policy choice. Which means a different president and a different FERC can undo all of it — using exactly the same authority. Read More “The 1938 Law Running Your Pipeline Projects Was Never Updated”
New York’s Department of Environmental Conservation (DEC) and New York State Energy Research and Development Authority (NYSERDA) announced Wednesday they’ve formally adopted regulations tightening the Regional Greenhouse Gas Initiative (RGGI) — the multi-state carbon tax on coal- and gas-fired power plants — through 2037. The agencies used the words “affordable” or “affordability” six times in their joint announcement. Here’s what they didn’t mention: the price of an RGGI permit jumped 40% in one quarter this year, from $24.99 per ton in March to $35.00 in June. And New York households now pay the third-highest electricity prices in America, behind only Hawaii and California (according to federal data). Six mentions of affordability, zero mentions of the auction price. Funny how that works. 
Every so often the antis tell you exactly what they’re up to, and you just have to sit back and enjoy it. On Saturday, Inside Climate News ran a story on the ongoing campaign by the Environmental Integrity Project (EIP), Clean Air Council, and their friends to jack up setbacks — the required distance between a well pad and the nearest building — from the current 500 feet to distances that would end new shale drilling in Pennsylvania. The new twist? They’ve hitched the campaign to the data center boom. More data centers means more gas, and more gas means (in their telling) more danger, so hurry up and pass the rules. It’s the same petition MDN has been tracking since 2024, dressed in a 2026 outfit. 
Back in May we told you about FERC’s proposal to modernize its natural gas “blanket certificate” program (see 
The highly functional and responsible Susquehanna River Basin Commission (SRBC), unlike its dysfunctional and irresponsible counterpart, the Delaware River Basin Commission (DRBC), continues to support the shale energy industry by approving water withdrawals and consumptive use requests for responsible, safe shale drilling. The SRBC published a notice in the July 25th Pennsylvania Bulletin that the SRBC approved and/or renewed 21 general water use permits in June for individual shale gas well drilling pads in Clearfield, Lycoming, Sullivan, Susquehanna, Tioga, and Wyoming counties. 
In April, we brought you the news that the Federal Energy Regulatory Commission (FERC) had issued a Draft Environmental Impact Statement (DEIS) for the Kosciusko Junction Pipeline Project (see 
Yes, there is a direct connection between the Federal Energy Regulatory Commission’s (FERC) approval of the expansion of an underground salt-dome storage cavern project in Mississippi and the Marcellus/Utica. FERC has approved Leaf River Energy Center’s expansion of its New Home Salt Dome storage facility in Smith, Jasper, and Clarke counties, Mississippi, adding 19.18 Bcf of working gas capacity through new cavern development and facility upgrades. The project includes a new Cavern 5, expansion of Caverns 2 and 4, new compression, and pipeline additions, raising total working gas capacity from 36.0 to 55.18 Bcf. 
Last week, New York Governor Kathy Hochul had the ignominious distinction of signing an Executive Order establishing the nation’s first statewide moratorium on new hyperscale data centers, temporarily pausing state environmental permit issuance for up to 1 year (see 
Thanks to the work of David Hess at the PA Environment Digest Blog, which tracks Department of Environmental Protection (DEP) notices published in the Pennsylvania Bulletin, we know of two water pipeline projects (for EQT and Expand Energy) approved by the DEP related to drilling new shale wells in two different northeastern PA counties: Lycoming and Bradford. Water is used for fracking. New water pipelines mean new fracking is on the way in those locations. 
Despite claims by anti-fossil-fuelers that the Tenaska Westmoreland Generating Station in southwestern PA would spread disease and death if it were built, it’s been up and running since 2018, producing power and generating revenue for both its builders and the community. Oh, and everyone is in good health. However, the plant has been operating under a state permit since it opened. It needs a federal Title V permit for long-term operation. The state Department of Environmental Protection (DEP) issues such a permit. Good news! The DEP recently issued the Title V permit for this power plant. 
In May, Dominion Energy announced plans to construct a multibillion-dollar, 3-gigwatt (GW) combined-cycle natural gas power plant in Cumberland County to address the state’s rapidly increasing electricity demand, particularly from data centers (see 
Poor lefty U.S. Senator Sheldon Whitehouse (Democrat from Rhode Island). He’s in a bind. Sen. Whitehouse sits on the committee currently negotiating how to loosen up on permitting rules for all sorts of projects, including natural gas pipelines. Whitehouse has traditionally been opposed to natgas pipelines getting built to furnish New England with more gas, but the governor of his own state, along with Dem governors from other New England states, want those pipes (for fear of being tossed out of office if they don’t bring down the price of gas and electricity). But on Whitehouse’s wacko left sit Massachusetts Senators Elizabeth “Pocahontas” Warren and Ed “wacky” Markey, who are 100% opposed to changing the rules for pipelines. Also opposing a change are foreign-backed environmental groups (big contributors to Whitehouse). What’s poor Sheldon going to do? 
In June, Ohio Governor Mike DeWine signed Senate Bill (SB) 219 into law. The new law, the first significant update to Ohio’s oil and gas laws since the Kasich administration more than a decade ago, reforms Ohio’s orphaned oil and gas well program and other elements of Ohio’s O&G laws. One aspect of the new law establishes an expedited drilling and plugging permit process. The law prevents the state from rejecting expedited permit requests (capped at 10 per owner annually), shortens timelines for leasing and drilling on public lands—including 30-day permit approvals—and limits landowners’ ability to challenge expired lease renewals. Anti-fossil fuelers are fuming. What’s new?