News & Analysis as of

Interstate Commerce Oil & Gas

Braumiller Law Group, PLLC

Hot Topics in International Trade - August 2024 - The Trade Powerhouse: Analyzing Texas’ Role in Global and National Trade

Texas isn’t just celebrated for its breathtaking landscapes and rich history—it’s a dynamic powerhouse in international and interstate trade. As the second-largest state in the U.S., Texas capitalizes on its strategic...more

Akin Gump Strauss Hauer & Feld LLP

DC Circuit Decision Opens Doors to Rate Increases by FERC-Regulated Oil, Liquids and Refined Products Pipelines

Interstate oil, liquid and refined products pipelines regulated by the Federal Energy Regulatory Commission (FERC) will soon be able to raise their transportation rates (provided they were set using FERC’s popular Index rate...more

Akin Gump Strauss Hauer & Feld LLP

FERC Permits Oil and Liquid Pipelines to Increase Index Rates by over 13%

Effective July 1, 2023, oil and liquids pipelines regulated by the Federal Energy Regulatory Commission (FERC) and charging so-called “index” rates will be able to increase their rates by over 13 percent. FERC announced this...more

Akin Gump Strauss Hauer & Feld LLP

FERC Initiates New Review on Contracts Between Oil Pipelines and Their Affiliates

On December 15, 2022, the Federal Energy Regulatory Commission (FERC) voted to issue a Proposed Policy Statement on Oil Pipeline Affiliate Committed Service (the “Proposed Policy Statement”) in a new docketed proceeding in...more

Pillsbury - SeeSalt Blog

Contractual Delivery Terms Control Application of Alabama’s Wholesale Oil License Fee

The Alabama Tax Tribunal held the taxpayers’ wholesale sales of fuel that entered and exited the state via the Colonial Pipeline were subject to the state’s wholesale oil license fee.  The sales in question were made to...more

Flaster Greenberg PC

The Biden Administration and Energy Part I - Domestic Policy

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When President Biden takes office on January 20, among the many other obstacles, issues and problems that he will need to deal with is an impending polar vortex that meteorologists now predict will descend upon the United...more

Troutman Pepper

FERC Proposes Guidance on Oil Pipeline Carrier Contracts with Affiliates

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On October 15, 2020, FERC issued a notice of proposed policy statement (“Proposed Policy Statement”) with proposed guidance for oil pipeline carriers to demonstrate through tariff filings or declaratory order petitions that...more

Bracewell LLP

Tax Update from the Texas 86th Legislative Session

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Major tax legislative updates occurred as part of the 86th Texas Legislature: Sales and Use Taxes - Marketplace providers (HB 1525) - Texas, and several other states, have enacted legislation that requires...more

Latham & Watkins LLP

Supreme Court Won’t Hear Challenge to Oregon’s LCFS Program

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High Court’s action clears pathway for low-carbon fuel standard programs. On May 13, 2019, the US Supreme Court denied certiorari in American Fuel & Petrochemical Manufacturers (AFPM), et al., v. O’Keeffe, et al...more

Flaster Greenberg PC

Marcellus Shale Update : Trump v. Cuomo – The Battle of the Pipelines

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President Trump joined the pipeline battle last week by issuing two Executive Orders aiming at limiting the power of state officials to determine federal policy. One Order calls on the Environmental Protection Agency to...more

Sheppard Mullin Richter & Hampton LLP

On Repeat: Courts Again Uphold Low Carbon Fuel Standard Programs

The Ninth Circuit Court of Appeals recently upheld – for the second time – California’s Low Carbon Fuel Standard (“LCFS”) against constitutional challenges brought by industry groups. The case, Rocky Mountain Farmers Union v....more

Gray Reed

2018’s Bad Guys in Energy

Gray Reed on

I report herein on 2018’s parade of reprobates, rapscallions and others generally lacking in moral hygiene. We reflect on a mother’s love, corruption in Venezuela, a disloyal employee, stealing from friends, a disgraced...more

Verrill

Pipeline Appeals Grant of Summary Judgment to South Portland Regarding Its Ban on Marine Loading of Crude Oil

Verrill on

Judge Woodcock of the U.S. District Court in Portland, finding that the South Portland’s Clear Skies Ordinance (the Ordinance) was neither a “preempted pipeline facility safety standard or a discriminatory ordinance enacted...more

Eversheds Sutherland (US) LLP

FERC issues NOI seeking stakeholder input on natural gas transportation facility certification process

The Federal Energy Regulatory Commission (FERC) has issued a Notice of Inquiry (NOI) initiating a review of FERC’s 1999 Policy Statement on the certification of new natural gas transportation facilities (Policy Statement)....more

Dorsey & Whitney LLP

FERC Puts Cloud Over Certain Oil Pipeline Marketing Affiliate Transactions

Dorsey & Whitney LLP on

In an unexpected shake up in the oil pipeline industry, the Federal Energy Regulatory Commission (“FERC” or “Commission”) recently declined to approve an oil pipeline’s proposal to have its marketing affiliate obtain its...more

Bradley Arant Boult Cummings LLP

Riding Currents into New Markets: What Power Generation Developers and Contractors Should Watch Out For

The CPV St. Charles Energy Center, a new 725 MW combined-cycle gas power plant in Maryland, went online earlier this month. The U.S. Supreme Court analyzed federal preemption with respect to state regulation of power...more

Eversheds Sutherland (US) LLP

FERC Proposes Changes to Interstate Oil Pipeline Index Ratemaking and Cost and Revenue Reporting

The Federal Energy Regulatory Commission (FERC) has issued an Advance Notice of Proposed Rulemaking (ANOPR). This ANOPR is seeking comments on potential changes to FERC’s policies for evaluating interstate oil pipeline...more

Cadwalader, Wickersham & Taft LLP

FERC Issues ANOPR on Revisions to Oil Pipeline Indexing Policies and Reporting Requirements

On October 20, 2016, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an advanced notice of proposed rulemaking (“ANOPR”) seeking comments on potential revisions to (1) the Commission’s policies for...more

Gray Reed

Securities Fraud – a Lesson for Promoters

Gray Reed on

We discussed SEC v. Arcturus et al last week and promised more. Here it is. Did defendants commit securities fraud? It doesn’t matter. Violations of Sections 5 of the Securities Act and 15.A of the Exchange Act are...more

Gray Reed

Can the Tax Man Come After Your Stored Gas?

Gray Reed on

The owner of 33 BCF of gas cant’ just stuff it in his pocket and move it county-to-county to avoid taxes. So, the question: Is gas in storage subject to ad valorem tax on personal property? The Harris County Appraisal...more

K&L Gates LLP

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

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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

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