Pipelines

News & Analysis as of

It Is Not Just About the Money

Early intervention by property owner counsel can sometimes result in convincing condemning authorities to alter either their project or the rights sought to prevent catastrophic consequences to the owner and massive just...more

Federal Court of Appeal: Government Failed to Adequately Consult with First Nations on Northern Gateway

On June 23, 2016, the Federal Court of Appeal delivered the Northern Gateway Project another procedural setback in its decision on Gitxaala Nation v Canada (2016 FCA 187). In a 2-to-1 split decision, the court overturned the...more

Drilling Deeper: The Intersection of Producer Bankruptcies and Gathering Agreements

The issue of whether gathering agreements are subject to rejection in bankruptcy as executory contracts and whether certain provisions of those agreements run with the land and survive rejection will impact ongoing bankruptcy...more

Wolverine Pipe Line Company filing Condemnations in Washtenaw County for Detroit Multi Access Project

Wolverine appears to be staging the filing of lawsuits to secure rights from larger, commercial properties in Washtenaw County before implementing processes against residential properties in Wayne and Washtenaw...more

PIPES Act Puts More Priorities in PHMSA’s Regulatory Pipeline

On June 22, 2016, the Protecting Our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (PIPES Act) was signed into law. The new law reauthorizes the Department of Transportation’s Pipeline and Hazardous Materials...more

DC Circuit Ruling Threatens to Topple FERC Tax Allowance Policy

Court rules that FERC policy permitting a tax allowance for pass-through entities may unjustifiably permit “double-recovery” of tax expense. On July 1, the US Court of Appeals for the District of Columbia Circuit issued...more

Alta, snowmaking pipes and conduit hydro power

Federal energy regulators have issued Alta Ski Area a written determination that its proposed micro-hydropower project will not be required to be licensed under the Federal Power Act. If developed, Alta's project would be...more

LNG In Morocco

Morocco is currently implementing important changes to its energy mix, which may provide interesting opportunities in the LNG sector. This article presents a brief overview of the origin of the national development plan for...more

D.C. Circuit Questions FERC’s Policy Statement on Income Tax Allowances

On July 1, the U.S. Court of Appeals for the District of Columbia Circuit issued its opinion in United Airlines, Inc., et al. v. FERC. This oil pipeline rate case appeal involves SFPP, L.P., a pipeline organized as a limited...more

D.C. Circuit Reopens Controversy Concerning Regulated Master Limited Partnership Taxation

On Friday, July 1, 2016, a panel of the United States Court of Appeals for the District of Columbia Circuit reopened the issue of whether pipelines organized as partnerships can claim a tax allowance for ratemaking purposes...more

DC Circuit Decision Likely to Reignite FERC Debate Over Tax Allowance for Pass-through Entities

The recent decision by the U.S. Court of Appeals for the District of Columbia Circuit in United Airlines Inc., et al., v. Federal Energy Regulatory, Case No. 11-1479, July 1, 2016 (United Airlines) will likely reignite a...more

Northern Gateway Project Approval Quashed Due to Inadequate Consultation

In its recent decision in Gitxaala Nation v. Canada, the Federal Court of Appeal (Court) quashed federal approval of the proposed Northern Gateway Project (Project). The Court held that although interested parties had ample...more

Significant developments in Canadian energy – for the month of June 2016

June 22, 2016 – In response to the Redwater decision (discussed below) and pending the outcome of an appeal, the Alberta Energy Regulator (AER) implemented interim changes to its regulatory measures “to minimize risks to...more

D.C. Circuit Upholds FERC’s NEPA Analysis in Sabine Pass and Freeport LNG Projects

On June 28, 2016, the U.S. Court of Appeals for the District of Columbia Circuit rejected two related challenges to the Federal Energy Regulatory Commission’s environmental review of the Sabine Pass LNG and Freeport LNG...more

President Obama Signs PIPES Act of 2016, Reauthorizing PHMSA and Introducing New Mandates for Oil and Gas Pipeline Programs

On June 22, 2016, President Obama signed a bill reauthorizing the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) oil and gas pipeline programs through 2019. Obama’s final stamp on the Protecting our...more

Pipeline and Hazardous Materials Safety Administration Reauthorized

The newly enacted legislation further bolsters PHMSA’s growing oversight of storage and pipeline transport facilities. On June 22, US President Barack Obama signed the Protecting Our Infrastructure of Pipelines and...more

Like San Bruno, Aliso Canyon Prompts Enhanced Pipeline Safety Act with Few Meaningful Deadlines

On June 22, President Obama signed into law a new pipeline safety bill — the “Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016,” known as the PIPES Act of 2016. The law reauthorizes and funds the...more

The AER Makes Waves with its Response to the Redwater Decision

HIGHLIGHTS The Alberta Energy Regulator (AER) issued Bulletin 2016-16 which has put in place interim measures in response to the Court of Queen’s Bench decision in Redwater Energy Corporation (Re) (Redwater) - ...more

California Environmental Law & Policy Update - June 2016 #4

Environmental and Policy Focus - PG&E to close Diablo Canyon, California's last nuclear power plant - Los Angeles Times - Jun 21 - Pacific Gas & Electric Co. (PG&E) announced on Tuesday that it plans to close...more

Canada NEB starts Energy East pipeline review

Canada's National Energy Board has ruled that the applicationsare complete for the Energy East Pipeline Project and a related gas project. This determination starts the NEB's review process, under which the Board must issue...more

President Obama Signs Pipeline Safety Law: Significant Additional Mandates for PHMSA and Potential for More Rulemakings to Come

On June 22, 2016 the President signed into law the U.S. Pipeline and Hazardous Materials Safety Administration (“PHMSA”) reauthorization bill, the Securing America’s Future Energy: Protecting our Infrastructure of Pipelines...more

Focus on Oman: Diplomacy and Dividends

The crucial role of Oman, a sultanate located at the southeastern tip of the Arabian Peninsula, is becoming apparent as the dust settles on the recent Iranian nuclear deal. Oman is adept at balancing relationships in a...more

SAFE PIPES Act: 2016 Legislation Affecting PHMSA

President Obama signed the Protecting our Infrastructure of Pipelines and Enhancing Safety Act or the SAFE PIPES Act into law on June 22, 2016. The Safe Pipes Act reauthorizes the Pipeline and Hazardous Materials Safety...more

FERC Meeting Agenda Summary - June 2016

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s June 16, 2016 meeting, pursuant to the agenda as issued on June 9, 2016. Agenda items E-11 and E-18 have not been summarized due to...more

Distressed Download

Lessons from Sabine - In March, Bankruptcy Judge Shelley Chapman held that Sabine Oil & Gas Corp. satisfied the standards for rejection of several gathering and handling agreements between Sabine and its midstream...more

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