Pipelines

News & Analysis as of

It’s Now Easier To Be a Common Carrier Pipeline in Texas

We now know what it takes to establish common carrier pipeline status in Texas. According to the Texas Supreme Court in Denbury Green Pipeline Texas LLC v. Texas Rice Land Partners Ltd., all that is required is a reasonable...more

Wolverine Pipeline Capitulates in Response to Necessity Challenge

In return for dropping a necessity challenge, Wolverine Pipeline agreed to substantially modified easement and paid the attorney fees incurred in pursuing the challenge. As I have previously noted, greater flexibility...more

Denbury v. Texas Rice "Texas Rice II": The Texas Supreme Court Affirms Common Carrier Status

On Friday, January 6, 2017, the Texas Supreme Court issued its long-awaited decision in Denbury Green Pipeline-Texas v. Texas Rice Land Partners (“Texas Rice II”), reversing the 9th Court of Appeals and reinstating the trial...more

FERC Seeking Comment on Recovery of Income Tax Costs by Jurisdictional Natural Gas and Oil Pipelines and Electric Utilities

The Federal Energy Regulatory Commission (FERC or the “Commission”) announced in December that it is opening a new inquiry and seeking comments regarding its current policies with respect to the recovery of income tax costs...more

Oil Pipeline Rate Regulation under Review by FERC – Is There a Place for the Consumer Voice?

Oil pipeline rates must be just and reasonable and may be challenged by their customer shippers and the Federal Energy Regulatory Commission (FERC) under the Interstate Commerce Act (ICA). FERC has observed through monitoring...more

Significant Developments in Canadian Energy – For the Month of December 2016

Conventional - December 15, 2016 – Athabasca Oil Corporation entered into agreements with Statoil ASA and its wholly owned subsidiary Statoil Canada Ltd. to acquire their Canadian thermal oil assets for consideration...more

Limited Partners Take a Licking in Two Delaware Supreme Court Decisions

Notwithstanding the ascendency of the limited liability company, the Delaware limited partnership continues to serve as an important, tax-advantaged vehicle for certain capital-intensive ventures — especially in the energy...more

2017 Regulatory Policy Forecast: Environmental & Energy Policy

Pulling from deep experience serving as counsel in highly-regulated industries and careers on Capitol Hill, Balch & Bingham’s team of energy and environmental attorneys forecast what to expect in 2017 in Balch’s 2017...more

Antitrust Claims: A Novel Line of Attack by Groups Opposing Natural Gas Infrastructure Projects

The Sierra Club and other environmental groups have made little secret of their opposition to the continuing use of fossil fuels and to the development of infrastructure to support that use. A new wrinkle in their multifront...more

Times Definitely Are a-Changin’

On Dec. 10, Bob Dylan, in absentia, received the 2016 Nobel Prize in literature. The title track of Dylan’s 1964 album The Times They Are a-Changin’ is one of the most celebrated protest songs. Undoubtedly, times are...more

Energy in Transition: Trump Announces Additional Cabinet Nominees

President-Elect Donald Trump announced this week three new cabinet nominees who will certainly influence U.S. energy policy at home and abroad. This alert is intended to update clients on the President-Elect's nominees and...more

Pipeline Opponents Face Significant Obstacles in Securing Injunctive Relief

With the federal government recently approving major pipeline projects, it is expected that environmental and other special interest or lobbying groups will commence actions in an attempt to prevent or delay those projects...more

Does Dakota Access Pipeline Decision Foreshadow Action in Michigan?

In light of successful lobbying relating to the Dakota Access Pipeline, activists may now focus on closing or rerouting the aging Line 5 pipeline connecting the Upper and Lower Peninsulas. There has been a tremendous...more

Securing Rights-of-Way to CO2 Pipeline Corridors in the United States

In the previous article in this series The Future of Carbon Dioxide Injection EOR in the United States, we discussed the sources and cost of CO2 supply for enhanced oil recovery (“EOR”) in the United States and the benefits...more

Dakota Access Pipeline: Down but Not Out

On Dec. 4, 2016, the U.S. Army Corps of Engineers announced that it will not decide on Dakota Access LLC’s easement application until the Corps prepares an environmental impact statement. The decision is significant in that...more

Significant Developments in Canadian Energy – For the Month of November 2016

November 29, 2016 – Raging River Exploration Inc. closed a Viking consolidation transaction. The company acquired approximately 620 boe per day — 97 per cent light oil — of production and 24 net sections of land prospective...more

Policy Predictions: How will Trump's 100-Day Plan Affect U.S. Energy Industry?

The American landscape is littered with failed prognostications about what new Presidential administrations would or would not ? and could or could not ? accomplish. Every new President faces the challenge of transforming...more

The Upstream Oilfield Services Industry in Western Canada - A Backgrounder

Described by The Economist as “the unsung masters of the oil industry,” oilfield services are an integral and indispensable part of the oil and natural gas industry in Western Canada. Oilfield services companies are involved...more

Expropriated Servitudes: They Aren’t Going Away Anytime Soon

The Third Circuit recently released an unpublished opinion making clear that when a pipeline company expropriates a servitude, the servitude is “perpetual,” and a Court cannot impose a term on that servitude. The Third...more

Post-Election Update 2016

The 2016 election results have significant implications for companies across a wide range of industry sectors. From environmental policy to financial services to tax reform, President-elect Trump has committed to sweeping...more

NACOSH’s OSH Professionals Pipeline Work Group Meeting on Nov. 15, 2016

The National Advisory Committee on Occupational Safety & Health (“NACOSH”) is holding a meeting of its OSH Professionals Pipeline Work Group on November 15, 2016. The Pipeline Work Group is seeking recommendations on...more

New Administration Means Big Changes for Endangered Species

The election of Donald Trump as President, together with Republican majorities in the House and Senate, is likely to lead to important policy changes across a range of issues. While administration of the Endangered Species...more

California Environmental Law & Policy Update - November 2016

Environmental and Policy Focus - Cities sue FAA over new flight plans - Los Angeles Times - Oct 27 - Citing concerns about the potential for increased aircraft noise and pollution, Newport Beach officials...more

Significant Developments in Canadian Energy – for the Month of October 2016

October 3, 2016 – DualEx Energy International Inc. has entered into an Alberta oil and gas asset purchase and sale agreement, and has also entered into two private Alberta oil and gas company share purchase agreements....more

Another Deadly Pipeline Explosion

A pipeline explosion in Shelby, Alabama killing one worker and sending five to the hospital. While there may be thousands of miles of pipelines throughout the country, accidents involving them are unfortunately too...more

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