David Wochner

David Wochner

K&L Gates LLP

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Paris Agreement to Enter into Force: Implications for Enforcement in the United States and Internationally

Global policy on climate change and greenhouse gas regulation is poised to take a significant step forward as the Paris Agreement (“Agreement”) enters into force just before international climate negotiations resume in...more

10/26/2016 - Clean Power Plan Climate Change Greenhouse Gas Emissions Intended Nationally Determined Contributions (INDC) Paris Agreement

Another Step Toward North Carolina Offshore Wind: Proposed Offshore Wind Farm Lease Announced

The U.S. Department of the Interior has just announced the next step in the years-long process toward the development of wind energy facilities off the coast of North Carolina. In a notice published in the Federal Register...more

8/19/2016 - BOEM Commercial Leases Department of the Interior Outer Continental Shelf Renewable Energy Wind Farm Wind Power

CEQ Issues Final Greenhouse Gas Guidance Directing Federal Agencies to Consider Climate Change in their NEPA Reviews

On August 2, 2016, the White House Council on Environmental Quality (“CEQ”) published a final version of its guidance to federal agencies requiring the consideration of greenhouse gas (“GHG”) emissions and effects on climate...more

8/5/2016 - CEQ Climate Change Draft Guidance Greenhouse Gas Emissions Mitigation NEPA

Regulating Exploration on the Arctic OCS: Interior Finalizes Rules for Oil and Gas Exploratory Drilling on the Arctic Outer...

On July 7, almost a year and a half after the proposed rules were published, the U.S. Department of the Interior’s (DOI) Bureau of Ocean Energy Management (BOEM) and Bureau of Safety and Environmental Enforcement (BSEE)...more

7/14/2016 - BOEM BSEE Department of the Interior Offshore Drilling Oil & Gas Outer Continental Shelf

Federal Judge: Authority Lacking for Regulation of Hydraulic Fracking

The federal district court in the state of Wyoming recently enjoined the Bureau of Land Management (“BLM”) from regulating hydraulic fracturing (“fracking”), effectively ending, at least for now, the federal government’s...more

7/5/2016 - Bureau of Land Management FLPMA Fracking Oil & Gas Tribal Lands

Federal Court Upholds FERC’s Approach on LNG Environmental Permitting and Shifts Focus to Challenges to DOE’s Environmental Review

On June 28, 2016, the U.S. Court of Appeals for the District of Columbia Circuit issued two opinions that uphold the Federal Energy Regulatory Commission’s (“FERC”) approach to reviewing environmental impacts of liquefied...more

6/30/2016 - Corporate Counsel DOE Exports FERC Liquid Natural Gas NEPA Oil & Gas

President Obama Signs Pipeline Safety Law: Significant Additional Mandates for PHMSA and Potential for More Rulemakings to Come

On June 22, 2016 the President signed into law the U.S. Pipeline and Hazardous Materials Safety Administration (“PHMSA”) reauthorization bill, the Securing America’s Future Energy: Protecting our Infrastructure of Pipelines...more

6/24/2016 - Department of Transportation (DOT) Natural Gas Oil & Gas PHMSA Pipelines Underground Storage Tanks

Environmental Policy Quarterly: Spring 2016

Welcome to the Spring 2016 edition of Environmental Policy Quarterly, published jointly by the Environmental, Land and Natural Resources Practice Group and the Public Policy and Law Practice Group of K&L Gates. Environmental...more

5/23/2016 - Drinking Water Emergency Managers EPA Natural Gas Safe Drinking Water Act Toxic Substances Control Act (TSCA)

Shake-Ups Planned for Pipeline Safety Regulation

The federal agency responsible for regulating the safety of natural gas and hazardous liquids pipelines has been in the spotlight recently as both chambers of Congress focused on reauthorizing the Department of...more

3/4/2016 - Department of Transportation (DOT) Energy Sector Hazardous Substances Natural Gas Oil & Gas PHMSA Pipelines Proposed Legislation Safety Laws

The European Commission Approves an Energy Security Package Emphasizing Infrastructure Development and LNG Imports

On 16 February 2016, the European Commission published a Sustainable Energy Security package that aims to minimize natural gas supply disruptions across Europe. In addition to efforts to manage increasing natural gas demand...more

2/29/2016 - Critical Infrastructure Sectors Energy Market Energy Sector EU European Commission Imports Liquid Natural Gas Oil & Gas

Presidential Memorandum Promotes Pre-Project Mitigation and Restoration Banking: Implications for Energy Projects and Related...

On November 3, 2015, U.S. President Barack Obama issued a Presidential Memorandum (Memorandum) that potentially opens the door to agency attempts to expand mitigation obligations beyond what is required under law while also...more

12/18/2015 - Bureau of Land Management Energy Projects Energy Sector Forest Service Mitigation US Fish and Wildlife Service

FERC Rejects Requests for Clarification but Provides Additional Details Regarding Pipeline Modernization Surcharge Mechanisms

On July 16, 2015, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an order (“July 16 Order”) denying the request by the Process Gas Consumers Group (“PGC”) and the American Forest and Paper...more

7/24/2015 - Energy Sector FERC Natural Gas Oil & Gas Pipelines

FERC Policy Statement Regarding Pipeline Recovery of System Modernization Costs

On April 16, 2015, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Policy Statement on Cost Recovery Mechanisms for Modernization of Natural Gas Facilities (the “Policy­­­.Statement”), opening...more

5/1/2015 - FERC Natural Gas Oil & Gas Pipelines Policy Statement

Newly Installed FERC Chairman Norman Bay’s Past Opinions Signal Preference for Energetic Use of Commission Authority

On April 15, 2015, Norman Bay assumed the chairmanship of the Federal Energy Regulatory Commission (“FERC”). Prior to taking the chairman’s role, Chairman Bay was appointed to the Commission in July 2014 after five years of...more

4/27/2015 - Administrative Appointments Energy Sector FERC

United States Coast Guard Guidance May Encourage Use of Liquefied Natural Gas as a Marine Fuel

On February 25, 2015, the United States Coast Guard (USCG) published two final policy letters on the use of liquefied natural gas (LNG) as a marine fuel. Released in draft form in February 2014, the policy letters address...more

3/23/2015 - Coast Guard Final Rules Liquid Natural Gas Oil & Gas Vessels

Supreme Court’s Perez Decision Shines the Light on Federal Agencies’ Authority to Use “Interpretations” (Often called Shadow...

Over the last three decades, federal agencies have increasingly used “interpretations” to “explain” what a formal regulation means, rather than to go through the more expensive, complicated and slow process of changing the...more

3/20/2015 - Administrative Procedure Act Energy Sector Environmental Policies FLSA Interpretive Rule Notice and Comment Perez v Mortage Bankers Assoc SCOTUS Securities Statutory Interpretation

Regulating Exploration on the Arctic OCS: U.S. Federal Regulators Propose Rules for Oil and Gas Exploratory Drilling on the Arctic...

In recent years, the energy industry has expressed significant interest in investigating submerged lands on the U.S. Outer Continental Shelf (OCS) in the Arctic for commercial quantities of oil and natural gas. The...more

2/25/2015 - Arctic Drilling BOEM BSEE Energy Sector Exploration and Production Assets Legal History NPRM Offshore Drilling Oil & Gas Regulatory Standards Well Drilling

Can You Feel New Regulations in the Air? EPA Announces Steps That It Will Take to Reduce Methane and VOC Emissions from Oil and...

In recent years, the proliferation of oil and gas production, transmission, and distribution activities in the United States has led to a number of regulatory initiatives by state and federal agencies designed to manage new...more

2/4/2015 - Clean Air Act Energy Policy EPA Methane NAAQS Natural Gas Oil & Gas Power Plants Regulatory Agenda Regulatory Standards Volatile Organic Compounds (VOC)

2014 Midterm Elections: Implications for U.S. LNG Exports

Federal elections held nationwide on November 4 ushered in Republican control of the U.S. Senate and expanded the Republican majority in the U.S. House of Representatives. The Republicans now hold majorities in both houses of...more

11/24/2014 - Election Results Legislative Agendas Natural Gas Oil & Gas

FERC Issues Declaratory Orders in Shell and Pivotal Proceedings Related to LNG Production Facilities

On September 4, 2014, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued declaratory orders in response to two petitions, each seeking a jurisdictional determination under the Natural Gas Act (“NGA”)...more

9/18/2014 - FERC Liquid Natural Gas Natural Gas Oil & Gas Pipelines Shell Oil Surface Transportation Trucking Industry

DOE Announces Fundamental Shift in LNG Export Authorization Policy

On Thursday, 29 May 2014, the U.S. Department of Energy (“DOE”) announced a proposed change to the procedures it will use to process applications to export LNG to non-free trade agreement (“non-FTA”) countries. This is a...more

6/6/2014 - Applications DOE Environmental Assessments Exports FERC Greenhouse Gas Emissions Liquid Natural Gas Natural Gas NEPA Non-FTA Countries Oil & Gas Proposed Amendments

Jordan Cove: DOE Issues Seventh Order to Export LNG to Non-FTA Nations, First from Pacific Coast

On March 24, 2014, the U.S. Department of Energy ("DOE") issued an order authorizing Jordan Cove Energy Project, LP (“Jordan Cove”) to export liquefied natural gas ("LNG") from the Jordan Cove LNG Terminal in Coos Bay,...more

3/31/2014 - DOE Energy Exports Liquid Natural Gas Oil & Gas Trade Agreements

Cameron LNG: DOE Issues Sixth Order to Export LNG to Non-FTA Nations

On February 11, 2014, the U.S. Department of Energy ("DOE") issued an order authorizing Sempra’s Cameron LNG to export liquefied natural gas ("LNG") from the Cameron Terminal in Cameron Parish, Louisiana to nations with which...more

2/14/2014 - DOE Exports Liquid Natural Gas Non-FTA Countries

FERC Issues Order Asserting Jurisdiction over Ethane Pipelines Under the Interstate Commerce Act

On December 31, 2013, the Federal Energy Regulatory Commission (“FERC”), in a case of first impression, confirmed its jurisdiction over and its intention to regulate the economic and operational aspects of the interstate...more

1/3/2014 - Federal Jurisdiction FERC Hydrocarbons Interstate Commerce Liquid Natural Gas Marcellus Shale Oil & Gas Petrochemicals Pipelines Utica Shale

DOE Issues Order on Freeport Expansion Application to Export LNG to Non-FTA Countries

On November 15, 2013, the U.S. Department of Energy ("DOE") issued an order (available here) authorizing Freeport LNG Expansion, LP; FLNG Liquefaction, LLC; FLNG Liquefaction 2, LLC; and FLNG Liquefaction 3, LLC;...more

12/6/2013 - DOE Energy Exports Liquid Natural Gas Natural Gas Pipelines Trade Agreements

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