The United States Court of Appeals for the District of Columbia (“D.C. Circuit”) recently upheld two FERC orders granting natural gas pipeline developers’ requests to extend their construction deadlines. The D.C. Circuit...more
New York's groundbreaking Climate Leadership and Community Protection Act (the Climate Act) is known for being the country's most aggressive climate and clean energy statewide agenda. It calls for a mandated goal of a...more
On March 23, 2021, the United States Court of Appeals for the Second Circuit (the “Second Circuit” or the “Court”) agreed with FERC’s determination that the New York State Department of Environmental Conservation (“DEC”) had...more
A decision issued on May 15 by the New York Department of Environmental Conservation (DEC) denying approvals for a new natural gas pipeline is sending shivers through the energy industry. Though the decision was based...more
On June 7, 2019, the U.S. Environmental Protection Agency (EPA) issued updated guidance to “clarify and provide recommendations concerning the implementation of” Section 401 of the Clean Water Act (CWA), which could have...more
At 8:30 p.m. yesterday, the State of New York Department of Environmental Conservation rejected Williams Corporation’s proposal for the Northeast Supply Enhancement (NESE) natural gas pipeline. Citing potential water...more
On April 2, 2019, the Federal Energy Regulatory Commission (“FERC” or “Commission”) determined that the one-year statutory limit on state review of interstate natural gas pipeline company applications for water quality...more
While little noticed outside of the energy industry, New York Governor Andrew Cuomo is about to make one of the seminal decisions of his tenure. Before May 16, 2019, Governor Cuomo must decide whether to allow the New York...more
The Tennessee Department of Environment and Conservation (“TDEC”) issued an April 8 Order and Assessment (“Order”) to Sunrise Oil, LLC, (“Sunrise”) for alleged violations of certain underground storage tank regulations. See...more
The United States Court of Appeals for the Second Circuit (“Court”) addressed in a February 5th Summary Order (“Order”) the New York State Department of Environmental Conservation’s (“NYDEC”) denial of a Section 401 Clean...more
The Tennessee Department of Environment and Conservation – Division of Underground Storage Tanks (“TDEC”) issued an August 6th Order and Assessment (“Order”) to Authur Chapman (“Chapman”). The Order addresses underground...more
On March 12, the Second Circuit held that the New York State Department of Environmental Conservation (NYSDEC) waived its authority to review Millennium’s request for a water quality certification under Section 401 of the...more
On December 7, the Second Circuit rejected the New York State Department of Environmental Conservation’s (DEC) request for a stay of construction of the Millennium Pipeline Co. LLC’s Valley Lateral natural gas pipeline...more
Following the Federal Energy Regulatory Commission (FERC)’s Declaratory Order that the New York State Department of Environmental Conservation (DEC) failed to timely act on an application for a Water Quality Certification...more
The Federal Energy Regulatory Commission’s (FERC) decision in the matter of Millennium Pipeline Company, LLC was issued on September 15, 2017. FERC determined that the New York State Department of Environmental Conservation...more
On June 23, 2017, the United States Court of Appeals for the District of Columbia Circuit held that Millennium Pipeline Company LLC lacked standing to bring a claim against the New York State Department of Environmental...more
On May 16, 2016, the Federal Energy Regulatory Commission granted Arlington Storage Company, LLC (Arlington) a two-year extension of time to construct a previously authorized underground natural gas storage expansion project....more
The New York State Department of Environmental Conservation (NYSDEC) issued revised regulations, effective October 11, 2015, governing the management and bulk storage of petroleum and hazardous substances. Corresponding...more
Fracking Insider Readers: We are pleased to bring you Volume 43 of our State Regulatory Roundup, including updates in California, New York, and Ohio. As we explained in earlier volumes, we designed the Roundup to provide...more
The New York State Department of Environmental Conservation (DEC) recently announced the availability of draft revisions to the Petroleum Bulk Storage (PBS), Chemical Bulk Storage (CBS), and Used Oil regulations for public...more