News & Analysis as of

Natural Gas Act

DOE Issues Notice of Proposed Rulemaking for Small-Scale Natural Gas Exports

On September 1, 2017, the Department of Energy (“DOE”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing to revise its regulations to expedite the application and approval process for small-scale exports of natural...more

D.C. Circuit: FERC Must Consider Potential Pipeline Downstream GHG Effects

by Shearman & Sterling LLP on

On August 22, the US Court of Appeals for the District of Columbia Circuit, in a 2-1 decision, vacated and remanded orders of the Federal Energy Regulatory Commission (FERC) authorizing the construction and operation of three...more

DC Circuit Holds FERC Must Analyze Downstream Greenhouse Gas Emissions in Approving Interstate Gas Pipelines

by WilmerHale on

Last week, the United States Court of Appeals for the District of Columbia Circuit issued an opinion in Sierra Club v. FERC, No. 16-1329 (D.C. Cir. Aug. 22, 2017), concluding that the Federal Energy Regulatory Commission...more

The Federal Energy Regulatory Commission Issues Guidelines for Reporting on Cultural Resources Investigations for Natural Gas...

by Hogan Lovells on

The Federal Energy Regulatory Commission (FERC), Office of Energy Projects, recently issued its Guidelines for Reporting on Cultural Resources Investigations for Natural Gas Projects (Guidelines)....more

D.C. Circuit Rules That FERC Should Have Quantified Indirect Greenhouse Gas Emissions in Approving Natural Gas Pipeline

by Beveridge & Diamond PC on

In a 2-1 decision, the D.C. Circuit of the U.S. Court of Appeals has ruled that the Federal Energy Regulatory Commission (“FERC”) did not satisfy the requirements of the National Environmental Policy Act (“NEPA”) when it...more

D.C. Circuit Vacates and Remands FERC Approval of Southeast Market Pipelines Project

On Tuesday, August 22, 2017, the U.S. Court of Appeals for the District of Columbia Circuit vacated and remanded an order by the Federal Energy Regulatory Commission (“FERC”) authorizing the construction and operation of the...more

US LNG exports increasing, proposed

by PretiFlaherty on

The developer of a proposed Louisiana liquefied natural gas (LNG) export project has asked U.S. regulators for approval to begin a "pre-filing review" of its project. Part of a boom of interest in LNG exports, the Fourchon...more

D.C. Circuit Upholds DOE’s Authorization of LNG Exports from the Freeport LNG Terminal

On Tuesday, August 15, 2017, the U.S. Court of Appeals for the District of Columbia Circuit rejected Sierra Club’s petition for review of a U.S. Department of Energy (“DOE”) order authorizing long-term exports of liquefied...more

Federal Bill Proposes Streamlined Pipeline Permitting, Vesting Authority in FERC

by Stoel Rives LLP on

On July 19, 2017, Republicans in the U.S. House of Representatives passed legislation that grants the Federal Energy Regulatory Commission (“FERC”) increased autonomy over pipeline approvals. The bill, Promoting Interagency...more

Court Rejection of FERC’s Actions on PJM MOPR Filing Likely to Change FERC Decision Making

by Cozen O'Connor on

On July 7, 2017, the U.S. Court of Appeals for the District of Columbia Circuit rejected Federal Energy Regulatory Commission (FERC) actions modifying PJM’s Minimum Offer Price Rule filing. NRG Power Marketing, LLC, et al. v....more

Supreme Court Decision on Statute of Limitations Governing SEC’s Recovery of Disgorgement Also Applies to FERC (but Practical...

On June 5, 2017, the U.S. Supreme Court, in Kokesh v. SEC, unanimously held that the Securities and Exchange Commission (SEC) cannot seek disgorgement of unjust profits obtained outside of the five-year statute of limitations...more

FERC’s Certificate Order Did Not Violate CWA Sequencing Requirements

Many large and complicated construction projects require the issuance of several differed permits having different requirements. Courts strive to interpret their requirements in a rational and reasonable manner. On May 23,...more

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

History Doesn't Bode Well For New Commercial Cargo Preference Bill

by Holland & Knight LLP on

Rep. John Garamendi (D-Calif.), joined by Reps. John Duncan (R-Tenn.) and Duncan Hunter (R-Calif.), recently introduced H.R. 1240, the Energizing American Maritime Act, described as a bill "to require a certain percentage of...more

Energy Infrastructure Projects Still Face Challenges after Trump Administration Executive Orders

The Trump administration promises to streamline the regulatory process, dismantle burdensome regulations, and promote domestic job growth. On January 24, 2017, President Trump issued an executive order and four presidential...more

FERC Issues Updated Guidance Manual for Environmental Report Preparation Under the Natural Gas Act

by Dorsey & Whitney LLP on

Last week, the Federal Energy Regulatory Commission (FERC) issued an update to its Guidance Manual for Environmental Report Preparation for Applications Filed Under the Natural Gas Act. The updated guidance follows a Notice...more

Has Former FERC Chairman and Commissioner Norman Bay Made the Case for Changing the Commission's Gas Pipeline Certificate Process?

by Dentons on

Former Chairman and Commissioner Norman Bay gave the natural gas industry a surprise his last day at the Federal Energy Regulatory Commission ("FERC" or "Commission"), February 3, 2017, in opening a debate about whether the...more

Facing a Potentially Lengthy Non quorum Period, FERC Delegates Further Authority to Its Staff

On February 3, 2017, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an order (the “Delegation Order”) delegating “further authority” to its staff—beyond the existing delegations of authority...more

FERC Can Reprise 1993 Delegation Order to Address Quorum Issues

by Pierce Atwood LLP on

The Federal Energy Regulatory Commission (FERC) will be left without a quorum when Commissioner Norman Bay’s resignation becomes official on February 3, 2017 and FERC’s ability to issue orders will be limited until the...more

The Supreme Court May Review Whether Regulatory Enforcement Actions Seeking Disgorgement are Subject to a Five-Year Statute of...

Federal regulatory agencies, such as the Securities and Exchange Commission (“SEC”), the Commodity Futures Trading Commission (“CFTC”), and the Federal Energy Regulatory Commission (“FERC”), have the authority to impose...more

FERC Investigations: Uncertainty Rules as More Entities Challenge in Federal Court: Insights from Nutter’s Matt Connolly

by Nutter McClennen & Fish LLP on

Legal Update - Matt Connolly, a senior associate in Nutter’s Litigation Department, addressed Federal Energy Regulatory Commission (FERC) investigations in Nutter Insights. Matt discussed what triggers a FERC...more

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

by Shearman & Sterling LLP on

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

Do Not Pass Go: FERC Administrative Proceedings Remain First Stop for Market Manipulation Claims under the Natural Gas Act

by Moore & Van Allen PLLC on

Fraud and energy market manipulation have remained priorities of the Federal Energy Regulatory Commission’s Office of Enforcement (OE) over the past several years. The agency has ramped up its investigative efforts, reporting...more

Third Circuit Rejects Challenges to State Environmental Permits for Transco’s Pipeline Expansion Project

On August 8, the U.S. Court of Appeals for the Third Circuit released an opinion rejecting several challenges to environmental permits and authorizations granted by environmental regulatory agencies in New Jersey and...more

Where Do FERC Enforcement Targets Go to Get Their Day in Court?

by Stinson Leonard Street on

Two Federal District Court Opinions Highlight Differences Between Natural Gas Act and Federal Power Act Investigations - Two weeks ago, a federal judge in Texas rejected arguments that targets of FERC investigations...more

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