Pipelines

News & Analysis as of

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

Cross-border infrastructure and presidential permits

A recent report casts doubt on whether proposed federal legislation would actually accelerate decisions on the siting of cross-border energy infrastructure. Cross-border pipelines and electric transmission lines play an...more

From Playa Lakes To Prairie Potholes: Four Things Energy Companies Need to Know About the WOTUS Rule

Have one or several playa lakes on or near a well pad in the Permian Basin? An access road nearby an ephemeral tributary of the Green River in the Uintah Basin? A pipeline that traverses lands dotted with prairie potholes in...more

Initial Decision Finds that BP Manipulated 2008 Natural Gas Market in Texas

On August 13, 2015, a Federal Energy Regulatory Commission (“FERC” or “Commission”) Administrative Law Judge (“ALJ”) issued an initial decision in which she found that BP America Inc. et al. (“BP”) manipulated the natural...more

BP Case May Again Test Limits of FERC’s “In Connection With” Enforcement Jurisdiction

A Federal Energy Regulatory Commission (FERC) Administrative Law Judge last week issued an Initial Decision finding that BP America (BP) and certain related BP entities violated FERC’s Anti-Manipulation Rule. Following a...more

Major Pipeline Safety Rulemakings Coming in 2015

Authorization of the federal pipeline safety programs will expire on September 30th of this year. With this looming deadline, the Pipeline and Hazardous Materials Safety Administration (PHMSA) is scrambling to finish the 42...more

Australian Infrastructure – The Challenges to 2031

Released in May 2015 by Infrastructure Australia, the Australian Infrastructure Audit examines our asset base and sets out the needs and challenges facing the Australian infrastructure sector and its participants over the...more

House and Senate Introduce Bipartisan Energy Packages Addressing FERC’s Role

On July 22, 2015, the House Energy and Commerce Subcommittee on Energy and Power unanimously passed a diverse energy bill designed to expedite Federal Energy Regulatory Commission (FERC) natural gas pipeline reviews,...more

FERC Approves Settlement for Pipeline Failure to Publicly Post Auction Notices

On July 30, 2015, two weeks after the Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC) issued a staff notice of alleged violations (“Notice”) to Columbia Gas Transmission LLC (“Columbia Gas”) for...more

Update: FERC Five-Year Review of Oil Pipeline Rate Indexation

On June 30, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) that proposed an adjustment to the annual indexation formula for oil pipeline rates. The NOI sought comments on a proposed...more

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

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