Pipelines

News & Analysis as of

Mexico's Energy Industry: Midstream Regulations

Midstream Regulations - On July 27, 2015, the Comision Reguladora de Energia (“CRE”) issued its proposed regulations for the pipeline transportation and storage of petroleum, LNG and petrochemicals (“Midstream...more

Energy bills move forward in Congress - Bipartisanship marks initial stage, but difficult debates may lie ahead

The US Senate and House of Representatives have taken significant steps in recent days to advance the first comprehensive energy legislation since the passage of Energy Independence and Security Act of 2007. Much has...more

FTC’s New Interpretation of Hart-Scott-Rodino Investment Property Exemption May Disrupt Industries Structured Around Prior...

The Federal Trade Commission’s Bureau of Competition Premerger Notification Staff has announced that Hart-Scott-Rodino Rule 802.5 (the “investment rental property exemption”) will no longer be available if the buyer...more

Contracts – It’s More About the Drafting Than the Suing

It’s been said that your most important decisions are made when you write your contract, not when you have to sue on it. Kachina Pipeline Company v. Lillis agrees. In a gas-purchase agreement, can the pipeline operator...more

News from Second and State

On the legislative front, the Senate was not in session this week, and the House of Representatives only held voting session on Tuesday and Wednesday. Committee meetings were few and far between; however, on Tuesday the...more

PA Court Holds That Natural Gas Producer Improperly Deducted Fees

Post-production costs deducted from gas royalties, such as interstate transportation charges and marketing costs, must be incurred while a producer still holds title to the gas....more

Toilet to Frac: Legal and Practical Aspects of Using Municipal Effluent for Fracing in Texas

Thus far, the idea of using purified municipal sewage effluent—“reclaimed water” in industry parlance—for city water supplies has proven a tough sell. Human psychology poses significant barriers to overcoming the “toilet to...more

Pipeline Task Forces May Slow Energy Development

Despite their good intentions, quasi-governmental task forces that are set up to review proposed pipeline projects often add complexity that can hobble the approval process at a time when demand for natural gas is...more

FTC Narrows Scope of HSR Reporting Exemption for Certain Acquisitions

On July 20, 2015, the Federal Trade Commission (FTC) released revisions to its interpretation of the rule, 16 C.F.R. §802.5, that exempts certain acquisitions of “investment rental property assets” from reportability under...more

FERC Rejects Requests for Clarification but Provides Additional Details Regarding Pipeline Modernization Surcharge Mechanisms

On July 16, 2015, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an order (“July 16 Order”) denying the request by the Process Gas Consumers Group (“PGC”) and the American Forest and Paper...more

An Oft-Forgotten Detail in Infrastructure Deals – Telecom Licenses

Much of the nation’s infrastructure, from energy to transportation, depends upon telecommunications for safe and efficient operation. The facilities that provide such communications services generally are proprietary...more

California Environmental Law & Policy Update - July 2015 #3

Environmental and Policy Focus - Water rights ruling a setback for California drought regulators: Sacramento Bee - Jul 10: In a significant ruling that could hinder California's ability to order water cutbacks, a judge...more

The Shale Play Today - July 2015

In This Issue: - Northeast Natural Energy, LLC Making History for the Future of Energy: Entrepreneurs are a special breed. The good ones have that special blend of vision, timing and risk tolerance most others lack....more

Summary of FERC Meeting Agenda - June 2015

In This Issue: - Administrative Items - Electric Items - Hydro Items - Certificate Items - Excerpt from Certificate Items: C-1: Natural Gas Pipeline Company of America, LLC (Docket No....more

Pipeline Foes Prone to Exaggerate the Ease and Likelihood of Exporting LNG

If fuel from the Marcellus Shale, perhaps the largest known source of natural gas in the world, is one day shipped through pipelines in Massachusetts and exported as liquefied natural gas (LNG) to Europe or elsewhere, should...more

Week in Review – June 2015

Special Session – Not Yet - Governor Mark Dayton and House Republican leaders on Monday tentatively agreed to a two-year school spending budget, moving them one step closer to avoiding a partial government shutdown...more

Energy Newsletter - May 2015

In This Issue: - Recent Settlement Under EPA's Energy Extraction Initiative Provides Insight For Future Enforcement in the Oil and Gas Industry - Tax Incentives Offer Hope for UK Oil and Gas Industry Affected by Low...more

News from Second and State

It was a quiet week in the capital city, with Monday being a national holiday and no voting session for either chamber. That’s not to say that nothing newsworthy happened. On Tuesday, Gov. Tom Wolf announced the creation of a...more

Can the Tax Man Come After Your Stored Gas?

The owner of 33 BCF of gas cant’ just stuff it in his pocket and move it county-to-county to avoid taxes. So, the question: Is gas in storage subject to ad valorem tax on personal property? The Harris County Appraisal...more

FERC Issues Policy Statement Regarding Pipeline Modernization Surcharges

On April 16, 2015, the Federal Energy Regulatory Commission (FERC) issued a Policy Statement regarding Cost Recovery Mechanisms for Modernization of Natural Gas Facilities (Docket No. PL15-1-000). The Policy Statement affords...more

PHMSA Steps Up Review of Pipeline Construction

Enforcement Focus on 60-Day Notification Requirement - The Pipeline and Hazardous Materials Safety Administration (PHMSA) has stepped up enforcement efforts concerning pipeline and LNG terminal construction....more

FERC Declines to Change "Gas Day" Start Time; Adopts Other Proposed Natural Gas Scheduling and Contracting Changes

On April 16, 2015, the Federal Energy Regulatory Commission (FERC) issued a final rulemaking order (Order No. 809 in Docket RM14-2-000) in which it declined to adopt the controversial proposed change in the "Gas Day" start...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Budget Work Continues, Gains Momentum in Appropriations - As the clock ticks towards the...more

Lunch with the FCPA Compliance and Ethics Blog – Donald Anderson of TDI

I recently had the chance to sit down for a lovely lunch at the Federal Grille with Donald Anderson, the Partner in Charge for TD International’s (TDI) Houston Office. Donald is a Louisiana native who attended LSU, receiving...more

DOT Tank Car Rule Reflects Refined Cost-Benefit Analysis

On May 1, 2015, the U.S. Department of Transportation, acting through the Pipeline and Hazardous Materials Safety Administration, issued a much-anticipated final rule on the enhanced tank car standards and operational...more

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