News & Analysis as of

Oil & Gas Pipelines

PHMSA Increases Penalty Limits for Pipeline Safety Violations

by Beveridge & Diamond PC on

The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) revised its regulations to increase the maximum civil penalties for violations of Federal pipeline safety laws, as well as any...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

Public Summary of Foley Hoag LLP Report, Good Practice for Managing the Social Impacts of Oil Pipelines in the United States

by Foley Hoag LLP on

Due to their linear nature, pipeline projects affect a large number of stakeholders, which increases the likelihood of broad opposition and protests. Tribal opposition to projects in the United States sometimes reflects...more

Mexico Introduces Industrial Safety and Environmental Protection Provisions for Hydrocarbon Pipelines

by Jones Day on

On March 31, 2017, the Ministry of Environment and Natural Resources published general administrative provisions in the Official Gazette of the Federation. These administrative provisions establish the guidelines for...more

Energy-Related Hearings This Week

by Kelley Drye & Warren LLP on

Senate Energy and Natural Resources Committee hearing on federal payments to local governments provided through the Secure Rural Schools and Community Self Determination Act and the Payment in Lieu of Taxes program and the...more

Hearings This Week

by Kelley Drye & Warren LLP on

Senate Environment and Public Works Committee hearing on “A Review of the Technical, Scientific, and Legal Basis of the WOTUS (Waters of the United States) Rule.”...more

ET Rover Suffers Two Spills in Ohio

by Clark Hill PLC on

During the course of constructing its new pipeline, ET Rover suffered two spills releasing 2 million gallons of drilling fluid into wetlands in Ohio. The landscape of America is crisscrossed by millions of linear feet of...more

TransCanada Receives Presidential Permit to Construct Keystone XL Pipeline

by King & Spalding on

On March 24, the Trump Administration granted a Presidential permit to TransCanada, which gives the company authority to “construct, connect, operate, and maintain pipeline facilities” for the Keystone XL Pipeline. The...more

Rejecting Midstream Agreements in Bankruptcy – the Journey Continues

by Gray Reed & McGraw on

One of the hottest issues from 2016 was whether an E&P debtor can reject, under section 365 of the Bankruptcy Code, an above-market midstream contract. Given the potential for a “no-win” situation, in all but one case where...more

Significant Developments in Canadian Energy – For the Month of March 2017

by Dentons on

Oil Sands / Unconventional - March 29, 2017 – Cenovus Energy Inc. (“Cenovus”) agreed to acquire ConocoPhillips’s 50% interest in the FCCL Partnership, which is the companies’ jointly owned oilsands venture operated by...more

A Summary of Professor Jim Rossi’s Lecture on the “Federalism Battles in Energy Transportation”

by Liskow & Lewis on

At the Fourth Annual Liskow & Lewis Energy Law Lecture, Professor Jim Rossi of Vanderbilt Law delivered a presentation entitled “Federalism Battles in Energy Transportation.” To illustrate these conflicts in energy...more

California Environmental Law & Policy Update - March 2017 #4

by Allen Matkins on

Environmental and Policy Focus - U.S., in reversal, issues permit for Keystone oil pipeline - New York Times - Mar 24 - The Trump administration announced on Friday that it would issue a permit for...more

Court Dismisses Complaint That FERC’s Regulatory Structure Is Biased In Favor Of Pipeline Applicants

On March 22, in the case of Delaware Riverkeeper Network, et al., v. FERC, the U.S. District Court for the District of Columbia dismissed the plaintiffs’ complaint that the statutory requirement that the Federal Regulatory...more

Significant Developments in Canadian Energy – For the Month of February 2017

by Dentons on

February 13, 2017 – Alberta celebrated the 70th anniversary of the discovery of oil at Leduc #1, which is considered by many to be the start of the modern oil and gas industry in the province. The Government of Alberta marked...more

Cheyenne River Sioux Tribe’s Motion for a Preliminary Injunction Denied

On March 7, the U.S. District Court for the District of Columbia issued a ruling denying a motion for a preliminary injunction filed by the Cheyenne River Sioux Tribe challenging an easement granted on February 8 by the U.S....more

Using Joint Venture Analysis to Limit Antitrust Risks of Energy Sector Collaborations

by Pierce Atwood LLP on

In an antitrust case where two competitors admittedly engaged in concerted action to block a third competitor’s access to a natural gas gathering system, a federal appeals court recently upheld summary judgment for the...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

Fifth Circuit: Some Degree of Propinquity Is Required To Maintain Claims

In Board of Commissioners of the Southeast Louisiana Flood Protection Authority – East, et al., v. Tennessee Gas Pipeline Company, L.L.C., et al., the U.S. Court of Appeals for the Fifth Circuit issued a unanimous ruling...more

Coming Down the Pipeline: Mitigating the Payment Risk in Oil and Gas Construction Through Lien Claims

by Pepper Hamilton LLP on

Since 2015, the oil and gas market has experienced significant distress. Recent reports have tracked at least 114 North American oil and gas producers and 16 midstream companies that have filed for bankruptcy since the...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

The Texas Supreme Court Clarifies “Common Carrier” Status Criteria

Client Alert Takeaways Background This article is a supplement to our previous note discussing the regulatory regime for the transportation of CO2 across public and private land in the United States and the procurement of...more

President Trump Issues Memorandum On “Construction Of American Pipelines” -Prioritizes U.S.-Produced “Materials And Equipment”

by King & Spalding on

On January 24, 2017, President Donald J. Trump signed a slate of executive orders and presidential memoranda focused on pipeline and other infrastructure projects. Along with memoranda that specifically concern the...more

What’s New in Washington: 10 Things You Need to Know

The first four weeks of the Trump administration have brought a flurry of policy and regulatory activity through Executive Orders (EO), proposed new legislation and review of existing regulation. After eight years of the...more

Consumers Energy to Reconstruct Line 2800 Pipeline, a 24" Natural Gas Pipeline

by Clark Hill PLC on

Consumers will replace and partially reroute its pipeline in Saginaw, Genesee, and Oakland Counties. Consumers Energy is joining the pipeline party. In the last year, I have represented property owners in pipeline...more

Employees, Political Advocacy and the NLRB – What Can an Employer Do?

by Littler on

In the first few weeks of the Trump Presidency, there have been numerous marches, protests and other forms of political advocacy expressing views both in support of and in opposition to the President’s various appointments,...more

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