News & Analysis as of

Pipelines Natural Gas Environmental Impact Report (EIR)

Foley Hoag LLP - Environmental Law

The D.C. Circuit Again Requires FERC to Consider the Environmental Impacts of Downstream Use of Gas: How Big a Deal Is It?

Last week, the District of Columbia Court of Appeals again rejected a FERC NEPA review for failure to assess the climate impacts resulting from the downstream use of natural gas supplied by a gas pipeline upgrade project...more

Beveridge & Diamond PC

FERC Adopts a New Policy for Consideration of Greenhouse Gas Impacts in Environmental Analyses of Applications for Natural Gas...

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On February 17, 2022, by a 3-2 vote, the Federal Energy Regulatory Commission (FERC) adopted a new Interim Greenhouse Gas (GHG) Emissions Policy Statement (GHG Policy Statement) setting forth an interim framework for...more

Pierce Atwood LLP

FERC Issues Two Controversial Policy Statements on Natural Gas Infrastructure

Pierce Atwood LLP on

On February 18, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two controversial policy statements that will significantly impact the permitting and construction of new natural gas pipeline...more

Troutman Pepper

FERC Approves Pipeline Certificates with Last Minute Amendment Caveating GHG NEPA Analysis as “Information Only”

Troutman Pepper on

On May 20, 2021, FERC issued two orders in which it authorized two pipeline companies to construct and abandon certain pipeline facilities, subject to conditions. In an exciting and sometimes tense Commission open-meeting,...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2019 #4

Judge Delivers Major Setback to Trump Policy to Increase Coal Mining on Federal Land - "But the court ruling does say that the 2017 Trump administration policy, enacted by former Interior Secretary Ryan Zinke, to overturn...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2019 #2

Trump Said to Seek Limits on State Power in Pipeline Approvals - "Trump's order comes as the president continues to chafe at regulatory barriers he says throttle the full potential of American 'energy dominance,' while...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Proposed Upgrades to Two New England Natural Gas Pipeline Systems Upgrades: D.C. Circuit Court of Appeals Addresses Challenge to...

The United States Court of Appeals (District of Columbia Circuit) (“Court”) in a December 27th Judgment addressed an appeal of the Federal Energy Regulatory Commission (“FERC”) approval of proposed upgrades to two New England...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Should FERC Have Exercised Jurisdiction Over an Intrastate Pipeline Segment?: D.C. Court of Appeals Decision

The D.C. Circuit Court of Appeals (“Court”) in a July 17th opinion addressed a challenge to two Federal Energy Regulatory Commission (“Commission”) Orders authorizing facilities to export natural gas from the United States to...more

Pillsbury - Gravel2Gavel Construction & Real...

A Trio of Environmental Decisions from the Fourth Circuit

Within the past few weeks, the U.S. Court of Appeals for the Fourth Circuit has issued some very significant rulings regarding the construction of new natural gas pipelines. ...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018

EPA Chief Looks to Distinguish Himself from Pruitt in Agency-Wide Memo - "The new head of the EPA sent a staff-wide memo laying out steps the agency is taking to increase transparency, a move that's seen as an effort to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Proposed Bayou Bridge Pipeline/Louisiana: 5th Circuit Court of Appeals Overturns Lower Court Order Halting Construction

The United States Court of Appeals for the 5th Circuit (“5th Circuit”) overturned a United States District Court’s grant of a preliminary injunction preventing Bayou Bridge from constructing a pipeline in part through the...more

Troutman Pepper

NY Seizes on Recent D.C. Circuit Decision to Deny Pipeline Permits

Troutman Pepper on

The U.S. Court of Appeals for the D.C. Circuit’s recent decision in Sierra Club v. FERC (Southeast Market Pipelines Project), No. 16-1329 (D.C. Cir. 2017), has already had an impact on the natural gas industry and resulted in...more

Snell & Wilmer

DC Circuit Rules that FERC Must Consider Global Warming in Approving New Natural Gas Pipelines

Snell & Wilmer on

The United States has one of the most extensive natural gas pipeline networks in the world. This vast network enables the ongoing switch away from coal-fired generation and toward a renewables and natural gas-based electric...more

Perkins Coie

FERC Failed to Adequately Consider Environmental Impacts of Downstream GHG Emissions Under NEPA Says D.C. Circuit

Perkins Coie on

The U.S. Court of Appeals for the District of Columbia last week vacated and remanded a 2016 Order by the Federal Energy Regulatory Commission that had authorized construction and operation of the Southeast Market Pipelines...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2017

Welcome to Spilman Thomas & Battle's weekly energy news e-blast - Currents. The purpose of this communication is to provide a synopsis of the top news stories for the week, but with a twist. We recognize that you may already...more

Hogan Lovells

Rethinking Greenhouse Gas Emissions: D.C. Circuit Orders Further Environmental Review of Natural Gas Pipeline Certificate

Hogan Lovells on

On August 22, 2017, the United States Court of Appeals for the District of Columbia Circuit issued a ruling that may change the way that the Federal Energy Regulatory Commission (FERC) examines the impacts of greenhouse gas...more

Pillsbury - Gravel2Gavel Construction & Real...

DC Circuit: FERC’s EIS For Southeast Market Pipelines Project Is Deficient

On Tuesday, the U.S. Court of Appeals for the DC Circuit, in the case of Sierra Club, at al., v. FERC, rejected most of the arguments made against the Federal Energy Regulatory Commission’s (FERC) decision to approve the...more

Moore & Van Allen PLLC

EIB Energy Highlights: New FERC Chair, Offshore Drilling-NC Says “No,” Atlantic Coast Pipeline EIS, Clean Air & More

Moore & Van Allen PLLC on

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

Moore & Van Allen PLLC

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

Moore & Van Allen PLLC on

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

McDermott Will & Emery

Timing Is (Almost) Everything: FERC Implements D.C. Circuit Guidance on NEPA Review of Multiple Pipeline Construction Projects

McDermott Will & Emery on

In the wake of two recent D.C. Circuit decisions, the Federal Energy Regulatory Commission (FERC) has begun to implement its new policy concerning the review of natural gas pipeline construction proposals under the National...more

King & Spalding

FERC Shares Best Practices for Stakeholder Outreach in Gas Project Permitting

King & Spalding on

The dramatic increase in domestic energy production over the past several years has resulted in the involvement of the Federal Energy Regulatory Commission (FERC) in a wide range of interactions with the public and other...more

McDermott Will & Emery

Environmental Impact Analysis Required for Natural Gas Facilities Clarified in Court Decision Denying Residents’ Challenge to...

McDermott Will & Emery on

A New York town’s challenge to the Federal Energy Regulatory Commission’s (FERC) siting authorization for a natural gas pipeline compressor station was rejected by the U.S. Court of Appeals for the D.C. Circuit in Minisink...more

McDermott Will & Emery

D.C. Circuit Rules that FERC May Not Segment Its Evaluation of the Environmental Impact of Related Natural Gas Pipeline...

McDermott Will & Emery on

The D.C. Circuit Court of Appeals recently issued an opinion holding that the Federal Energy Regulatory Commission (FERC) violated the National Environmental Policy Act (NEPA) when it segmented its evaluation of the...more

King & Spalding

D.C. Circuit Court Requires FERC To Consolidate its NEPA Review of Nominally Separate Interstate Gas Pipeline Projects

King & Spalding on

On June 6, 2014, the D.C. Circuit Court of Appeals issued an opinion holding that the Federal Energy Regulatory Commission acted improperly in separately analyzing the environmental impacts of several nominally separate...more

BakerHostetler

Nebraska Court Stalls Keystone XL Pipeline, Declares Governor’s Approval Unconstitutional

BakerHostetler on

On Wednesday, a Nebraska trial court struck down a state law allowing Governor Dave Heineman’s to approve the proposed route for TransCanada Corp.’s Keystone XL Pipeline. The decision comes just weeks after the State...more

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