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Executive Order Directs Federal Agencies to Reconsider Federal Initiatives Focused on Greenhouse Gas Emissions and Climate Change

President Donald Trump signed an Executive Order on March 28, 2017, entitled “Promoting Energy Independence and Economic Growth” (“Order”), which is designed to prompt reconsideration, and in some cases revocation, of the...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

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

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

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

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

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

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

Will U.S. Export-Import Bank Financing of Australian LNG Projects be Cast Adrift on the “High Seas” by the Endangered Species Act?

We have previously reported on cases in which opponents to energy projects continue to expand their challenges to include not just direct sponsors of the projects, but their financial supporters as well. In particular, we...more

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

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

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

U.S. Export-Import Bank Financing of Australian LNG Project Avoids Endangered Species Act Challenge – For Now

In the K&L Gates’ Global Government Solutions 2014 Annual Outlook, we reported on a case filed in the U.S. District Court for the Northern District of California raising questions about whether inter-agency consultations...more

D.C. Circuit to FERC: Environmental Review of “Related” Pipeline Expansion Projects Must Consider Cumulative Effects, Even After...

On June 6, 2014, the U.S. Court of Appeals for the District of Columbia issued a decision in Delaware Riverkeeper Network, et al. v. Federal Energy Regulatory Commission, that could significantly impact efforts to expand...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

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

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

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

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 Fourth Order Authorizing Export of LNG to Non-FTA Nations from the Lower-48

On Wednesday, September 11, 2013, the U.S. Department of Energy ("DOE") issued an order authorizing Dominion Cove Point LNG, LP ("Cove Point") to export liquefied natural gas ("LNG") from the Cove Point LNG Terminal, in...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

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