News & Analysis as of

The Applicability of Pennsylvania’s Mechanics Lien Law to Oil and Gas Well and Pipeline Construction Projects

The owner and contractors on a construction project usually anticipate that all parties will be properly paid for work performed. In reality, however, it is not uncommon for issues to arise related to the payment of a...more

FERC Provides Important Guidance Regarding Confidentiality Agreements and “Duty to Support” Clauses

Yesterday, I wrote a blog post describing a FERC order that, for the first time ever, would have allowed an interstate oil pipeline to grant preferential rates and capacity rights to shippers making volume commitments through...more

FERC Rejects Preferential Rates and Capacity Rights for Committed Shippers on Pre-Existing Oil Pipeline Capacity

The Federal Energy Regulatory Commission (FERC) issued an order on March 20, 2014, rejecting Colonial Pipeline Company’s (Colonial) petition for a declaratory order (PDO) that, for the first time ever, would have allowed an...more

Current Developments in Eminent Domain and Oil and Gas Pipeline Construction (Under Construction - March 2014)

On February 19, 2014, a Nebraska state district court judge invalidated a portion of a Nebraska law that had, until the decision, permitted an alternate, streamlined method of obtaining eminent domain authority for the...more

Senators Introduce Competing Proposals Relating to Natural Gas Exports

On March 6, 2014, Sen. Mark Begich (D-Alaska) proposed amendments to Section 3 the Natural Gas Act (NGA) to expand the list of export destinations that are eligible for an expedited permitting process at the Department of...more

Trouble or promise in the pipeline?

IRAQ’S Kurdistan region benefits from abundant hydrocarbon resources and is enjoying impressive economic growth and relative political stability. By contrast with other regions in Iraq, security conditions are benign and...more

FERC Reaffirms Reliance on “Committed Shipper” Rate Agreements for Oil Pipelines

The Commission emphasizes that a committed shipper negotiated rate’s deviation from cost-of-service does not overturn the presumption that the rate is just and reasonable....more

Avoiding multimillion-dollar liability for de facto partnership breach under Texas law: one useful tip

After a lengthy trial, a Dallas jury has found that a de facto partnership existed between Energy Transfers Partners, L.P. (ETP) and Enterprise Products Partners, L.P. “to market and pursue a pipeline project to transport...more

Midstream Natural Gas Pipeline & Storage Providers Facing Pressure as Landscape of Gas Supply Changes?

The recent downturn of Boardwalk Pipeline Partners, LP raises eyebrows and questions regarding the impact that the change in natural gas supply is having on midstream providers of transportation and storage services. ...more

For Success Against A Pipeline, Go To The Right Court

The first step in successfully challenging the Keystone Pipeline: Choose a court that has jurisdiction. Mr. Bishop learned that lesson the hard way in Bishop v. TransCanada Keystone Pipeline....more

State Department Paves Way for Keystone XL Pipeline Approval

On Friday, State Department officials released the final environmental impact statement for TransCanada’s Keystone XL pipeline, concluding that the project would not substantially increase carbon emissions, and clearing the...more

Michigan Lawmakers Evaluate Lower Severance Tax and Infrastructure Bills for Carbon Dioxide-Injected Oil and Gas Wells

While legislation driven by the rapid growth of horizontal drilling and hydraulic fracturing has dominated oil and gas legislation in recent years, this week, Michigan lawmakers considered bills to enhance viability of other...more

Transportation Safety Issues Fueling Pipeline Proposals In North Dakota And Minnesota

Following the derailment and explosion of a train carrying crude oil near Casselton, North Dakota, and a federal Department of Transportation safety alert that Bakken crude may be more prone to ignite at lower temperatures...more

Texas Railroad Commission to Hire Seismologist

The Texas Railroad Commission announced that it would hire an in-house seismologist to investigate the possible link of oil and gas activity to seismic events. In a January 7, 2014 statement, the Railroad Commission said that...more

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

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

DOJ Announces Latest FCPA Action Related To Nigerian Gas Pipeline Project

On December 10, the DOJ announced that a German engineering and services company agreed to resolve charges that it violated the FCPA by bribing government officials of the Federal Republic of Nigeria to obtain and retain...more

Three Point Shot

Sports and Hollywood have long been inextricably linked – many athletes want to be and even become actors, countless actors have lived out their athletic fantasies on the silver screen, and it is no secret that athletes and...more

Levick Monthly - November 2013: Why Transcanada Is Losing The Pipeline Debate

In This Issue: - COVER STORY: Why Transcanada Is Losing the Pipeline Debate - CRISIS & REPUTATION: BYOD: Employees Mobile Devices Pose a Serious Risk - CORPORATE: Veterans and the Great Information Shortfall -...more

Development of Midstream Assets in Ohio Utica Shale Play

As we have reported before, some commentators have observed that one of the principal reasons for the slow pace of growth in the Ohio Utica shale play has been the lack of midstream assets in the region. Two major companies...more

Summary of FERC Meeting Agenda - October 2013

In This Issue: - Administrative Items - Electric Items - Gas Items - Excerpt from Gas Items: G-1: Tennessee Gas Pipeline Company, LLC, Docket Nos. RP12-514-000, -001, RP11-1566-013, RP11-2066-002...more

A Tale of Two Pipelines: This Week in the News

It was the best of times, it was the worst of times…for two pipeline projects in the West. TransCanada was successful in the Tenth Circuit on Thursday in its continuing efforts to defend against a preliminary...more

Dominion Authorized to Export LNG to Non-FTA Countries

The Department of Energy, Office of Fossil Energy (“DOE”) has issued its fourth order, its third in 2013, authorizing the export of liquefied natural gas (“LNG”) to nations with which the United States does not have a...more

From the Ohio River to the Marcellus and Utica Hydraulic Fracturing Sites – Company to Build Pipeline for Water Transport

As oil and gas companies across the country face increasing pressure to decrease their use of fresh water for fracking operations, new and innovative solutions are sought....more

Fifth Circuit Ruling Relies on Filed Rate Doctrine to Dismiss Claims Against Natural Gas Company

In July 2013, the U.S. Court of Appeals for the 5th Circuit issued a ruling in which it relied upon the filed rate doctrine to dismiss a claim against a federally regulated natural gas company. In Medco Energi US, LLC v. Sea...more

DOE Issues Third Authorization to Export LNG to Non-FTA Countries from Lower-48

On August 7, 2013, the U.S. Department of Energy ("DOE") issued an order authorizing Lake Charles Exports, LLC ("Lake Charles") to export liquefied natural gas ("LNG") from the Trunkline LNG terminal, its affiliate's terminal...more

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