News & Analysis as of

Federal Energy Regulatory Commission Environmental Assessments

Troutman Pepper

Senate Committee Considers Three New FERC Nominees

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On March 21, 2024, the Senate Committee on Energy and Natural Resources held a hearing to consider President Biden’s three recent nominations to the Federal Energy Regulatory Commission (“FERC” or “Commission”): (1) David...more

White & Case LLP

Summary of FERC Meeting Agenda for November 2023

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on November 16, 2023, pursuant to the sunshine notice released on November 9, 2023....more

(ACOEL) | American College of Environmental...

How Much Permitting "Reform" Comes from the New Debt Ceiling Legislation?

Without fanfare or ceremony, on Saturday June 3rd, President Biden signed the bitterly-negotiated Fiscal Responsibility Act of 2023 (FRA), also known as the Debt Ceiling Limit legislation. While most of the media attention...more

Foley & Lardner LLP

Senator Manchin’s Anticipated Energy Permitting Reform Text Included in Federal Funding Bill Draft

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Late Wednesday evening, Senator Manchin released the closely guarded text on his proposal to reform domestic energy permitting. This legislation was the subject of a handshake agreement between Manchin, Senator Schumer,...more

White & Case LLP

Summary of FERC Meeting Agenda for April 2022

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's April 21, 2022 open meeting, pursuant to the sunshine notice released on April 14, 2022....more

Pierce Atwood LLP

Amidst Ongoing Policy Statement Controversy, D.C. Circuit Remands Another FERC Pipeline Order Over GHG Analysis

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Once again finding the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) environmental assessment (“EA”) analysis of the downstream effect of greenhouse gas (“GHG”) emissions associated with interstate natural...more

Pierce Atwood LLP

FERC Issues Two Controversial Policy Statements on Natural Gas Infrastructure

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On February 18, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two controversial policy statements that will significantly impact the permitting and construction of new natural gas pipeline...more

Sullivan & Worcester

Proposed Legislative and Executive Branch Changes to NEPA Process

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The procedures associated with the National Environmental Policy Act (NEPA), particularly Environmental Impact Statements (EISs), are undergoing change. On one hand, the Executive Branch under the Biden administration,...more

King & Spalding

EPA, FERC and the Army Corps Weigh in on the Social Costs of Carbon and Environmental Justice in Project Development

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Historically, environmental issues have been front and center for major project development throughout the world. But for projects in the United States, the Environmental Protection Agency’s (EPA) increased focus on the...more

Perkins Coie

FERC Announces GHG Emissions Assessments in Pipeline Certificate Proceedings

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On March 22, 2021, FERC took a step toward reforming the way in which it analyzes greenhouse gas emissions for purposes of natural gas pipeline certificates. However, FERC did so via a certificate order rather than a revised...more

Nossaman LLP

Fifth Circuit Upholds USFWS Approval of Liquified Natural Gas Facility

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On March 10, 2021, the United States Court of Appeals for the Fifth Circuit upheld a biological opinion (BiOp) and incidental take statement (ITS) issued by the U.S. Fish and Wildlife Service (Service) in connection with a...more

Pillsbury Winthrop Shaw Pittman LLP

Generational Reform of the National Environmental Policy Act Has Weighty Implications for the Nuclear Industry

On July 15, 2020, the White House Council on Environmental Quality implemented sweeping amendments to modernize and streamline NEPA environmental reviews. These amendments stand to have a trickle-down effect on the nuclear...more

Allen Matkins

California Environmental Law & Policy Update - July 2020 #3

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EPA limits states’ power to review projects that affect water quality - Bullet Courthouse News Service – July 13 - The U.S. Environmental Protection Agency (EPA) on Monday issued a new 401 Certification Rule under the...more

White & Case LLP

Summary of FERC Meeting Agenda for January 2020

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s January 23, 2020 meeting, pursuant to the agenda as issued on January 16, 2020. Agenda items E-1, E-2, E-3, E-6, E-7, E-8, E-9, and...more

Akin Gump Strauss Hauer & Feld LLP

Insights from Gastech 2019

Last month over 35,000 participants attended the Gastech 2019 Conference, the world’s largest gas and LNG conference, in Houston, Texas. Members of Akin Gump Strauss Hauer & Feld LLP’s global energy and transactions team...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Should FERC Have Exercised Jurisdiction Over an Intrastate Pipeline Segment?: D.C. Court of Appeals Decision

The D.C. Circuit Court of Appeals (“Court”) in a July 17th opinion addressed a challenge to two Federal Energy Regulatory Commission (“Commission”) Orders authorizing facilities to export natural gas from the United States to...more

Foley Hoag LLP - Environmental Law

The D.C. Circuit Holds that Hydroelectric Facilities May Not Ignore Historic Impacts In Relicensing

Earlier this month, the D.C. Circuit Court of Appeals issued a decision that is a must-read for anyone who will be needing at some point to relicense an existing hydroelectric facility. The short version is the status quo may...more

Foley Hoag LLP - Environmental Law

Has the Horse Already Left the Barn? FERC Tries to Limit Review of Climate Impacts

Last week, FERC rejected arguments that the Environmental Assessment for the New Market Project should have considered upstream and downstream climate impacts. It also announced as policy that it would not in the future...more

Nossaman LLP

FERC To Consider Adjustments To Use Of Eminent Domain For Gas Pipelines

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The Federal Energy Regulatory Commission (FERC) recently issued a Notice of Inquiry seeking input on whether to adjust its policies and procedures for reviewing and issuing authorizations for natural gas transportation...more

Orrick, Herrington & Sutcliffe LLP

Natural Gas Infrastructure Opponents Appeal Loss in Their Campaign to Invalidate Federal Energy Regulatory Commission's Processes

Despite a series of lopsided losses, natural gas infrastructure opponents continue to probe the Federal Energy Regulatory Commission (FERC) and its infrastructure approval processes for systemic weaknesses. At the end of...more

A&O Shearman

DC Circuit Denies Sierra Club Appeal of FERC Authorization of Two LNG Facilities

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Since 2012, the major opponent of new large-scale liquefied natural gas (LNG) export projects has been the Sierra Club. The Sierra Club has adopted a two-pronged approach in its opposition to LNG exports projects, opposing...more

Cadwalader, Wickersham & Taft LLP

D.C. Circuit Upholds FERC’s NEPA Analysis in Sabine Pass and Freeport LNG Projects

On June 28, 2016, the U.S. Court of Appeals for the District of Columbia Circuit rejected two related challenges to the Federal Energy Regulatory Commission’s environmental review of the Sabine Pass LNG and Freeport LNG...more

Holland & Knight LLP

MARAD Issues Final Policy on Licensing Offshore Oil and LNG Export Facilities

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The Maritime Administration (MARAD) issued its final policy on May 7, 2015, regarding the review and processing of applications for the export of oil and natural gas from offshore deepwater port facilities under the Deepwater...more

BakerHostetler

D.C. Circuit Upholds FERC Approval of Maryland Natural Gas Facility

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On April 24, the D.C. Circuit issued its opinion in Myersville Citizens for a Rural Community v. FERC, upholding the Federal Energy Regulatory Commission’s (“FERC” or the “Commission”) approval of Dominion Transmission’s...more

Moore & Van Allen PLLC

The Future of Liquefied Natural Gas (LNG) Exports under the Department of Energy’s Revised Review Process

During the last two years, we have seen the U.S. Department of Energy (“DOE”) pick up the pace in granting conditional authorizations for companies to export liquefied natural gas (“LNG”) to countries that do not have a Free...more

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