News & Analysis as of

The Pennsylvania Pipeline Infrastructure Task Force Releases First Draft of Recommendations to Gov. Wolf for Future Pipeline...

Overview of the Task Force - The Pennsylvania Department of Environmental Protection Pipeline Infrastructure Task Force (PITF) recently released the first draft of its report. In May 2015, Gov. Wolf announced the...more

Eighth Circuit Holds Fear of Contamination Insufficient to Establish Nuisance Class

In a ruling that underscores the difficulty of securing class certification in toxic tort cases involving fear of contamination claims, the United States Court of Appeals for the Eighth Circuit reversed a Missouri federal...more

EIB Energy Highlights: SCOTUS on FERC, Nat Gas Record Year, Oil & Gas Exports, Winter Outlook, Cybersecurity & More

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

Grid Vulnerabilities Report Highlights Regional Risk

Earlier this month, U.S. Energy Secretary Ernest Moniz released a report presenting the Department of Energy’s (DOE) assessment of expected regional energy sector vulnerabilities to climate change. The report highlights...more

Eighth Circuit Decertifies Environmental Nuisance Class Action Alleging “Fear of Contamination” Without More

The Eighth Circuit recently issued a decision reversing class certification for lack of commonality. In Smith v. ConocoPhillips Pipe Line Co., the Eighth Circuit considered a class action proceeding on a nuisance theory...more

Activists Make Good on Promise to Sue DOT over Pipeline Regs.

On October 8, the National Wildlife Federation (“NWF”) fulfilled its promise to sue the U.S. Department of Transportation (“DOT”). The lawsuit alleges that for 20 years the DOT has allowed pipelines to operate illegally by...more

PHMSA Proposes to Expand the Requirements for Pipelines Carrying Hazardous Liquids

The rules would add gathering lines and pipelines in non-HCA areas. On October 13, the US Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Proposed Rule that would...more

FERC Meeting Agenda Summary - October 2015

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s October 15, 2015 meeting, pursuant to the agenda as issued on October 8, 2015. Agenda Items E-6, E-7 and E-10 have not been...more

Energy Newsletter - October 2015

FERC Shares Best Practices for Stakeholder Outreach in Gas Project Permitting - The dramatic increase in domestic energy production over the past several years has resulted in the involvement of the Federal Energy...more

Court Dismisses Landowners’ Objections to Mariner East 2 Eminent Domain Request

In an Order issued September 29, 2015, Cumberland County Judge Edward Guido dismissed all the preliminary objections filed by a group of landowners challenging the right of Sunoco Pipeline LP to condemn property for the...more

Commenters Weigh in on Proposed Regulations for Determining MLP Qualifying Income

IRS’ proposed MLP regulations generate flurry of specific industry-related comments and spur public hearing. “I’m mad as Hell, and, frankly, I’m not going to take it anymore.” — Paraphrase of concerned citizen and...more

PHMSA Announces Proposed Pipeline Safety Regulations

On October 1, 2015, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) announced proposed regulations to revise and update its pipeline safety standards and reporting...more

Pipeline Proposal Would Expand Reporting and Testing, Cost $22.4M Annually

This year has been marked by a series of high-profile pipeline incidents in Montana, West Virginia and California, among others. In response to these incidents, the Pipeline and Hazardous Materials Safety Administration...more

Hydraulic Fracturing: State Regulatory Roundup Vol. 45

Fracking Insider Readers: We are pleased to bring you Volume 45 of our State Regulatory Roundup, including updates in Michigan, Pennsylvania, and Texas. As we explained in earlier volumes, we designed the Roundup to provide...more

BP has settled its Clean Water Act penalty claims, but important questions remain to be decided

The United States and BP lodged their proposed settlement of the remaining claims by the US in connection with the Deepwater Horizon explosion and spill with the US District Court today. Comments to the Justice Department are...more

FERC Shares Best Practices for Stakeholder Outreach in Gas Project Permitting

The dramatic increase in domestic energy production over the past several years has resulted in the involvement of the Federal Energy Regulatory Commission (FERC) in a wide range of interactions with the public and other...more

DEC Explains New Enforcement Initiative to the New York Oil and Gas Industry

On September 30, 2015, the New York State Department of Environmental Conservation (DEC) held a public information session regarding DEC enforcement of regulations relating to Petroleum Bulk Storage (PBS), petroleum spills...more

North Dakota Saltwater Disposal Enforcement Actions Highlight Key Legal and Social License Risks

Spills or improper disposal of oilfield produced water—which can be more than 10 times saltier than seawater and may also contain heavy metals and other chemicals—can turn even staunchly pro-oil and gas residents against...more

Obama Administration Releases Infrastructure Permitting Guidance

On September 22, 2015, the White House, through the Office of Management and Budget (OMB) and the Council on Environmental Quality (CEQ), issued guidance to the heads of certain federal departments and agencies (the Agencies)...more

Pennsylvania as an Energy Leader: The Path Forward

One question was central to the discussions that took place at Shale Insight 2015 – with its abundant shale gas reserves, how do we make Pennsylvania a true energy leader on the national and international stage? At the...more

FERC Meeting Agenda Summary - September 2015

In this issue: • Electric Items • Miscellaneous • Gas Items • Hydro Items • Certificates Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s September 17, 2015...more

Pipeline Operators Take Heed – Threatened Enviro Lawsuit May Lead to Greater Regulatory Requirements

On July 28, 2015, the National Wildlife Federation (“NWF”) filed an intent to sue notice against the Department of Transportation (“DOT”), arguing the DOT has not properly approved pipeline projects for more than 20 years. ...more

Also In the News - Data, Privacy, & Security Practice Report - August 2015

King & Spalding Client Alert On Unprecedented Hacking And Trading Scheme — On August 11, 2015, prosecutors in the District of New Jersey and the Eastern District of New York unsealed indictments against several individuals...more

Compressor Station Negligent Nuisance Verdict Reversed

Therapist: “We’re here today in group to bring closure to the traumatic events of Crosstex North Texas Pipeline L.P. v. Gardiner. Each side claims mistreatment by his adversary and by one component or another of the civil...more

Commonwealth Court Expands the Scope of Good Samaritan Amendment to the Workers’ Compensation Act

In 2003, the Pennsylvania General Assembly amended Section 601 of the Workers’ Compensation Act to expand the definition of the word “employee” to include employees who, while in the course and scope of their employment,...more

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