News & Analysis as of

NEB Rules Federal Legislation Permits Trans Mountain Access to City of Burnaby Lands

Last week the National Energy Board (NEB or Board) issued its first order against a municipality in the context of a dispute regarding a pipeline company’s access to municipal lands in order to complete NEB-mandated studies....more

Constitution Pipeline Environmental Impact Statement

A 124-mile natural gas transmission pipeline proposed from Pennsylvania to New York has received its final environmental impact statement from federal regulators, finding that while the project would cause some adverse...more

Canada's Energy East Pipeline Project

A subsidiary of Canadian energy company TransCanada has proposed a crude oil pipeline running 4,600 kilometers from Alberta and Saskatchewan to Saint John, New Brunswick. The proposed Energy East Pipeline Project would...more

Pro-Policyholder Opinion Drives Home Importance of Excess Policy Language When Settling with an Underlying Insurer for Less Than...

A reoccurring issue with excess insurance is whether a policyholder can trigger excess coverage by agreeing to a below-limits settlement with an underlying insurer, and filling in the gap between the settlement amount and the...more

Court Dismisses Request That NEB Review Upstream and Downstream Effects of Pipeline

On May 16, 2014, the National Energy Board received a motion from the City of Vancouver, among others, requesting that the List of Issues for the Trans Mountain Expansion Project hearing be expanded to include environmental...more

Legal and Political Controversy Over Proposed Atlantic Coast Pipeline

The 550-mile Atlantic Coast Pipeline that is projected to run through the heart of Central Virginia has generated much political controversy and is now the subject of a new federal lawsuit. ...more

The Shale Play Today - October 2014

In This Issue: - West Virginia Aboveground Storage Tank Act Interpretive Rule Filed and Emergency Rule Out for Comment: The Aboveground Storage Tank Act was enacted in response to the January 9, 2014 spill that...more

Natural Gas Infrastructure Development in Focus to Support Shift from Traditional Supply and Flow of Gas

Last year we started our discussion of the developing shift in flow of natural gas from the traditional South-to-North/West-to-East path to a North-to-South/East-to-West path as a result of the abundance of natural gas now...more

Environmental Groups Ramp-up the Crude-by-Rail Fight in the Courtroom

Bakken crude producers and midstream transportation companies already experience transportation woes related to inadequate pipeline infrastructure, railroad capacity, tank car supply, rail accidents, and new regulations. But...more

It’s a Bird…it’s a Plane…it’s a Drone; FAA Approves Limited Use of Drones as Camera Platforms for Film and TV Production

Unmanned aerial cameras have been legal in other parts of the world but prohibited for commercial use in the United States until last week, with the limited exception of two commercial-drone operations, which the FAA had...more

Dominion's Atlantic Coast Pipeline: Property Owners Are Being Contacted

It was reported back in May 2014 that Dominion Resources, Inc. was considering at the time, an "extremely preliminary" prospect, the construction of a 450-mile underground natural gas pipeline from West Virginia, through...more

Easements Made Easier: Building Pipelines with the Power of Eminent Domain Under the Natural Gas Act

Any person or entity seeking to construct a natural gas pipeline and successful in obtaining a certificate of convenience and necessity from the Federal Energy Regulatory Commission may exercise the power of eminent domain to...more

Governor Signs Two New CEQA Bills

Governor Brown has signed two new bills amending the California Environmental Quality Act (CEQA). AB 52 establishes new consultation procedures with California Native American tribes, and provides that an adverse change to a...more

Insurance Recovery Law - September 2014

Pollution Exclusion Doesn’t Bar Coverage for Worker Exposed to Hazardous Chemicals That Were Not “Dispersed”: Why it matters - A federal district court in Texas strictly construed a pollution exclusion in...more

Supreme Court of Texas Clears the Path for Future Real Property Damage Calculations

In Wheeler v. Enbridge Pipelines, the Supreme Court of Texas provided guidance to midstream companies on the proper calculation of damages to real property stemming from the breach of a pipeline right-of-way agreement...more

Excess Insurance Triggered Despite Policyholder’s Settlement with Primary Insurers for Less than Policy Limits

When faced with a catastrophic loss triggering multiple layers of coverage and recalcitrant insurers at the primary layer, a policyholder has strong incentives to settle with the first-layer carriers for less than the full...more

FERC Issues Declaratory Orders in Shell and Pivotal Proceedings Related to LNG Production Facilities

On September 4, 2014, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued declaratory orders in response to two petitions, each seeking a jurisdictional determination under the Natural Gas Act (“NGA”)...more

Texas Railroad Commission Proposes New Rules Related to Pipeline Eminent Domain Claims

The November 2011 issue of the Energy Newsletter addressed the case of Texas Rice Land Partners, Ltd. v. Denbury Green Pipeline-Texas, LLC, in an article titled Texas Supreme Court Ruling May Slow the Installation of Certain...more

Environmental Impact Analysis Required for Natural Gas Facilities Clarified in Court Decision Denying Residents’ Challenge to...

A New York town’s challenge to the Federal Energy Regulatory Commission’s (FERC) siting authorization for a natural gas pipeline compressor station was rejected by the U.S. Court of Appeals for the D.C. Circuit in Minisink...more

Which Ground for Federal Jurisdiction is the Safest in Dredging Cases?: Board of Commissioners of the Southeast Louisiana Flood...

The Eastern District of Louisiana recently denied the Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East’s (Plaintiff) Motion to Remand its suit against 92 oil and gas companies back to state...more

Levick Monthly - June 2014: Keystone XL: All Lobbied Up With No Place To Go

In This Issue: - Keystone - XL: All Lobbied Up With No Place To Go - CRISIS - The 5 Apology rules that Sterling broke - DIGITAL ENGAGEMENT - Abramson Gets The Axe, But It's Sulzberger Who Lost His Head -...more

Secretary Foxx and PHMSA Release Much-Anticipated Proposed Rule On Crude By Rail Tank Car Standards

The U.S. Department of Transportation Secretary Anthony Foxx and the Pipeline and Hazardous Materials Safety Administration (PHMSA) recenlty released a much-anticipated Notice of Proposed Rulemaking (NPRM) to improve the safe...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

Are Oil and Gas Producers Protecting the Environment?

In their search for Utopia, some opponents of oil and gas drilling ignore innovation … What’s harmful now will forever be that way....more

Energy & Environment Update - June 2014 #4

In This Issue: - As EPA Considers Required 2014 Biofuel Levels, CBO Analyzes Gas and Food Price Impact - Energy and Climate Debate - Congress - Department of Defense - Department of...more

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