News & Analysis as of

Capital Thinking: Energy

DOT PUBLISHES NOTICE OF PROPOSED RULEMAKING FOR NEW RAIL SAFETY STANDARDS - On Wednesday, July 23, the Department of Transportation (DOT) released a proposed rule designed to enhance the transportation safety of oil...more

Summary of FERC Meeting Agenda - July 2014

In This Issue: - Administrative Items - Electric Items - Gas Items - Hydro Items - Certificate Items - Excerpt from Administrative Items: A-1: Docket No. AD02-1-000 - This...more

FERC Issues Notice of Alleged Natural Gas Market Manipulation

On July 9, 2014, the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Preliminary Notice) stating that FERC’s Office of Enforcement has preliminarily determined, in a non-public...more

FERC Versus State Authorities: Supreme Court Agrees to Review ONEOK v. Learjet

On July 1, 2014, the U.S. Supreme Court granted a petition to hear an appeal by several companies contending that antitrust claims filed against them under state law over alleged manipulation of gas prices during the western...more

D.C. Circuit Rejects Petitions Challenging Proposed NY-NJ Gas Pipeline

The D.C. Circuit Court of Appeals recently dismissed petitions brought by the City of Jersey City, NJ, and various environmental organizations challenging the Federal Energy Regulatory Commission's ("FERC") order granting a...more

D.C. Circuit Rules that FERC May Not Segment Its Evaluation of the Environmental Impact of Related Natural Gas Pipeline...

The D.C. Circuit Court of Appeals recently issued an opinion holding that the Federal Energy Regulatory Commission (FERC) violated the National Environmental Policy Act (NEPA) when it segmented its evaluation of the...more

D.C. Circuit Ruling Has Potential Implications for Natural Gas Pipeline and LNG Projects Under FERC Environmental Review

A recent decision by the U.S. Court of Appeals for the District of Columbia Circuit rejected certain portions of an environmental analysis conducted by the Federal Energy Regulatory Commission (FERC or "Commission"). This...more

More Pipeline Development Projects: What America Needs

National Environmental Policy Act (“NEPA”) challenges to pipeline projects and other natural gas infrastructure have become a commonplace tool in recent years for environmental groups seeking to defeat or delay midstream...more

Tennessee Gas Decision: Oil & Gas Implications

On June 6, 2014, the U.S. Court of Appeals for the DC Circuit ruled that the FERC violated the National Environmental Policy Act (NEPA) by improperly "segmenting" its NEPA analysis of a four-part upgrade to Tennessee Gas...more

Summary of FERC Meeting Agenda - June 2014

In This Issue: - Administrative Items - Electric Items - Miscellaneous Item - Gas Items - Hydro Items - Certificate Items Excerpt from Electric Items: E-3: Duke Energy Carolinas, LLC and...more

DOE Proposes to Alter Its Review Process for LNG Export Applications

The United States Department of Energy (DOE) recently announced that it proposes to revamp the order in which it will process applications to export liquefied natural gas (LNG). The DOE also stated that it will conduct a...more

D.C. Circuit Court Requires FERC To Consolidate its NEPA Review of Nominally Separate Interstate Gas Pipeline Projects

On June 6, 2014, the D.C. Circuit Court of Appeals issued an opinion holding that the Federal Energy Regulatory Commission acted improperly in separately analyzing the environmental impacts of several nominally separate...more

DOE proposes major changes to LNG export rules, comments due July 21

The US Department of Energy is proposing to change its rules and procedures for reviewing applications to export liquefied natural gas (LNG) to countries that do not have a free trade agreement with the US (non-FTA...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

Natural Gas & Electric Industry Coordination Efforts Advance Through NAESB Gas-Electric Harmonization Forum After Recent FERC...

The natural gas and electric industries have been a buzz since the Federal Energy Regulatory Commission (“FERC”) issued its March 20, 2014 Orders focused on improving the coordination and scheduling of natural gas pipeline...more

DOE Proposes New Procedures for LNG Export Authorizations

Yesterday, the United States Department of Energy (DOE) issued proposed new procedures for liquefied natural gas (LNG) export decisions. The proposal applies only to applications to export LNG from the Lower-48 states to...more

Energy & Environment Update - May 2014

In This Issue: - Energy and Climate Debate - Congress - Department of Commerce - Department of Energy - Department of Interior - Department of State - Department of...more

FERC Sets Enforcement Case Against BP for Hearing, Takes Expansive View of Jurisdiction to Enforce Anti-Manipulation Rule

In an order issued on May 15, 2014 that takes a broad view of its jurisdiction over conduct that allegedly violates the Natural Gas Act’s (NGA) prohibition against market manipulation, the Federal Energy Regulatory Commission...more

Laying the Groundwork for Natural Gas Vehicles

Infrastructure and Regulations may Dictate Speed of Adoption - America’s shale gas revolution is making waves in transportation technology. Currently, only 1 percent of all natural-gas-fueled vehicles worldwide are...more

Propane: winter shortages in 2014

Propane is widely used as a fuel -- but shortages this past winter led to an unprecedented emergency in the eyes of federal regulators. Propane is a hydrocarbon produced as a byproduct from natural gas processing and crude...more

Summary of FERC Meeting Agenda - May 2014

In This Issue: - Administrative Items - Electric Items - Miscellaneous Items - Gas Items - Hydro Items - Certificate Item - Excerpt from Hydro Items: H-1: Christopher M. Anthony, Docket...more

FERC Issues NOPR Regarding Coordination of the Scheduling Processes of Interstate Natural Gas Pipelines and Public Utilities

At the March open meeting, FERC issued a notice of proposed rulemaking (NOPR) in which it proposed changes to the Gas Day and pipeline nominations schedule (Docket No. RM14-2-000, 146 FERC ¶ 61,201). The NOPR is part of the...more

Energy Newsletter - May 2014

In This Issue: - Important Case on Subsurface Trespass Pending before the Texas Supreme Court - U.S. Fifth Circuit: The CWA and OPA Preempt State Law Claims for Pollution Incidents on the OCS - Texas...more

FERC Decision Rejects Oil Pipeline's Petition for Declaratory Order Approving Contract Rates, Special Prorationing Methodologies...

FERC recently issued a decision in which, for the first time, it denied an oil pipeline's petition for a declaratory order seeking FERC's approval of the pipeline's proposed rate structure and terms of service, prorationing...more

Energy Newsletter - April 2014

In This Issue: - UK Shale Exploitation: Securing Subsurface Access Rights - Taking the Road Best Travelled? CFE seeks electric-gas "convergence" - Pemex Requests Mexico E&P Areas from SENER -...more

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