Pipelines

News & Analysis as of

Court Dismisses Complaint That FERC’s Regulatory Structure Is Biased In Favor Of Pipeline Applicants

On March 22, in the case of Delaware Riverkeeper Network, et al., v. FERC, the U.S. District Court for the District of Columbia dismissed the plaintiffs’ complaint that the statutory requirement that the Federal Regulatory...more

Department of Commerce Seeks Public Input on Pipelines "Made in America;" Comments Due April 7, 2017

On March 16, 2017, the Department of Commerce published a Federal Register notice requesting input on the use of American-made materials in the construction and maintenance of American pipelines. Referring to President...more

Department of Commerce Seeks Public Input on Pipelines "Made in America;" Comments Due April 7, 2017

On March 16, 2017, the Department of Commerce published a Federal Register notice requesting input on the use of American-made materials in the construction and maintenance of American pipelines. Referring to President...more

Department of Commerce Seeks Public Input on Pipelines "Made in America;" Comments Due April 7, 2017

On March 16, 2017, the Department of Commerce published a Federal Register notice requesting input on the use of American-made materials in the construction and maintenance of American pipelines. Referring to President...more

Significant Developments in Canadian Energy – For the Month of February 2017

February 13, 2017 – Alberta celebrated the 70th anniversary of the discovery of oil at Leduc #1, which is considered by many to be the start of the modern oil and gas industry in the province. The Government of Alberta marked...more

Cheyenne River Sioux Tribe’s Motion for a Preliminary Injunction Denied

On March 7, the U.S. District Court for the District of Columbia issued a ruling denying a motion for a preliminary injunction filed by the Cheyenne River Sioux Tribe challenging an easement granted on February 8 by the U.S....more

Using Joint Venture Analysis to Limit Antitrust Risks of Energy Sector Collaborations

In an antitrust case where two competitors admittedly engaged in concerted action to block a third competitor’s access to a natural gas gathering system, a federal appeals court recently upheld summary judgment for the...more

Energy Infrastructure Projects Still Face Challenges after Trump Administration Executive Orders

The Trump administration promises to streamline the regulatory process, dismantle burdensome regulations, and promote domestic job growth. On January 24, 2017, President Trump issued an executive order and four presidential...more

Fifth Circuit: Some Degree of Propinquity Is Required To Maintain Claims

In Board of Commissioners of the Southeast Louisiana Flood Protection Authority – East, et al., v. Tennessee Gas Pipeline Company, L.L.C., et al., the U.S. Court of Appeals for the Fifth Circuit issued a unanimous ruling...more

PHMSA Increases Pipeline Safety Requirements

On January 23, 2017, the Pipeline and Hazardous Material Safety Administration (“PHMSA”) issued several revisions to its pipeline safety regulations, focusing in particular on reporting requirements for incident response....more

THE LATEST: FTC Determines Behavioral Remedies are Sufficient to Fix Offshore Natural Gas Pipeline Overlap

The Federal Trade Commission (FTC) recently granted US antitrust clearance for Enbridge’s acquisition of Spectra after the parties agreed to behavioral commitments to remedy an overlap for natural gas pipeline transportation...more

Coming Down the Pipeline: Mitigating the Payment Risk in Oil and Gas Construction Through Lien Claims

Since 2015, the oil and gas market has experienced significant distress. Recent reports have tracked at least 114 North American oil and gas producers and 16 midstream companies that have filed for bankruptcy since the...more

Has Former FERC Chairman and Commissioner Norman Bay Made the Case for Changing the Commission's Gas Pipeline Certificate Process?

Former Chairman and Commissioner Norman Bay gave the natural gas industry a surprise his last day at the Federal Energy Regulatory Commission ("FERC" or "Commission"), February 3, 2017, in opening a debate about whether the...more

The Texas Supreme Court Clarifies “Common Carrier” Status Criteria

Client Alert Takeaways Background This article is a supplement to our previous note discussing the regulatory regime for the transportation of CO2 across public and private land in the United States and the procurement of...more

President Trump Issues Memorandum On “Construction Of American Pipelines” -Prioritizes U.S.-Produced “Materials And Equipment”

On January 24, 2017, President Donald J. Trump signed a slate of executive orders and presidential memoranda focused on pipeline and other infrastructure projects. Along with memoranda that specifically concern the...more

What’s New in Washington: 10 Things You Need to Know

The first four weeks of the Trump administration have brought a flurry of policy and regulatory activity through Executive Orders (EO), proposed new legislation and review of existing regulation. After eight years of the...more

Consumers Energy to Reconstruct Line 2800 Pipeline, a 24" Natural Gas Pipeline

Consumers will replace and partially reroute its pipeline in Saginaw, Genesee, and Oakland Counties. Consumers Energy is joining the pipeline party. In the last year, I have represented property owners in pipeline...more

Employees, Political Advocacy and the NLRB – What Can an Employer Do?

In the first few weeks of the Trump Presidency, there have been numerous marches, protests and other forms of political advocacy expressing views both in support of and in opposition to the President’s various appointments,...more

EIB Energy Highlights: Dakota Access & Keystone XL Pipelines Revived, FERC on Energy Storage & Pipeline Rates & 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

Rover Files Pipeline Condemnation in Federal Court

Rover has initiated one mass filing against all property owners in the United States District Court, Eastern District of Michigan. Rover Pipeline has been acquiring property rights in Washtenaw and Lenawee Counties....more

"FERC Could See Substantial Changes Under President Trump"

The Federal Energy Regulatory Commission (FERC) is a somewhat obscure and highly technical agency that was not discussed specifically during President Donald Trump’s campaign. Its regulatory footprint is, however,...more

The Trump Energy Agenda - The Early Days of President Trump and Secretary of Energy - Designee Rick Perry

What has happened since President Trump was inaugurated? - In one of his first executive actions, President Trump has placed a freeze on new government hires (excepting the military). Based on information from Trump...more

Serious Fraud Office Makes Big Splash with UK Bribery Act Resolution with Rolls Royce

After years of fits and starts, and promises and disappointments, the Serious Fraud Office and the UK Bribery Act made its initial splash on the anti-corruption enforcement landscape. Since 2011, companies have been...more

FERC Can Reprise 1993 Delegation Order to Address Quorum Issues

The Federal Energy Regulatory Commission (FERC) will be left without a quorum when Commissioner Norman Bay’s resignation becomes official on February 3, 2017 and FERC’s ability to issue orders will be limited until the...more

Renewal road-maps—and rhetoric? Top ten developments of 2016 in Canadian Aboriginal law

Opening against newly-elected Prime Minister Justin Trudeau’s pledge of a “renewed, nation-to-nation relationship with Aboriginal peoples,” 2016 was a year of great expectations for Canadian Aboriginal law....more

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