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D.C. Circuit Vacates New PHMSA Rules Related to Natural Gas Pipelines

On 16 August 2024, the D.C. Circuit Court of Appeals issued an opinion vacating portions of new natural gas-related pipeline-safety standards promulgated by The Pipeline and Hazardous Materials Safety Administration (PHMSA),...more

It's a Gas! Federal and State Developments Continue to Light Up the Natural Gas Debate

In April 2023, we reported on the US Court of Appeals for the Ninth Circuit’s decision in California Restaurant Association (CRA) v. City of Berkeley striking down a Berkeley ordinance that prohibited natural gas piping in...more

PHMSA's Proposed New Methane Leak Detection and Repair Requirements—What LNG Facilities Need to Know

Background - On 5 May 2023, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a notice of proposed rulemaking entitled “Pipeline Safety: Gas Pipeline Leak Detection and...more

Ninth Circuit Cans Berkeley Gas Ban Under Federal Law

On 17 April 2023, in California Restaurant Association v. City of Berkeley, the Ninth Circuit struck down a local ordinance banning natural gas piping in newly constructed buildings, concluding that federal law preempts the...more

Hydrogen Rising: Leveraging the Existing US Natural Gas Pipeline System for Hydrogen Transportation

David Wochner and Sandi Safro discuss the potential to use the mature, robust existing US natural gas pipeline system to transport hydrogen, including current hurdles and possible paths forward....more

Certain Uncertainty at FERC: Areas to Watch in 2020 for Natural Gas Pipelines and LNG and Hydropower Facilities

As we step into the second month of the New Year, we take a fresh look at areas of potential uncertainty percolating at and around the Federal Energy Regulatory Commission (“FERC” or the “Commission”) that could impact...more

DOE Takes Concrete Steps to Streamline Permitting and Reassure Global LNG Markets

Recently, the U.S. Department of Energy (“DOE”) took two bold actions that strongly reaffirm the Trump Administration’s support for U.S. LNG exports and provide reassurance to the global LNG market regarding the sanctity of...more

A Policy Revolution to Match the Shale Revolution?

FERC Announces a Notice of Inquiry on Certificating New Interstate Natural Gas Pipeline Projects - On April 19, 2018, the Federal Energy Regulatory Commission (“FERC”) announced a Notice of Inquiry (NOI) regarding its...more

Antitrust Claims: A Novel Line of Attack by Groups Opposing Natural Gas Infrastructure Projects

The Sierra Club and other environmental groups have made little secret of their opposition to the continuing use of fossil fuels and to the development of infrastructure to support that use. A new wrinkle in their multifront...more

12/20/2016  /  Natural Gas , Oil & Gas , Pipelines , Sierra Club

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

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

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

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

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

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

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

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

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

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

DOE Issues Third Authorization to Export LNG to Non-FTA Countries from Lower-48

On August 7, 2013, the U.S. Department of Energy ("DOE") issued an order authorizing Lake Charles Exports, LLC ("Lake Charles") to export liquefied natural gas ("LNG") from the Trunkline LNG terminal, its affiliate's terminal...more

DOE Issues Second LNG Export License for Non-FTA Countries

On May 17, 2013, the U.S. Department of Energy (“DOE”) issued an order authorizing the Freeport LNG Terminal (“Freeport”) in Quintana Island, Texas to export liquefied natural gas (“LNG”) to nations with which the United...more

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