News & Analysis as of

Pipelines Navigable Waters

Morgan Lewis - Power & Pipes

FERC Modifies Water Quality Certification Waiver Period for Gas Projects

FERC issued a final rule on March 18 amending its regulations to establish a one-year period for state agencies or other certifying authorities to act on requests for water quality certifications required for a certificate of...more

Troutman Pepper

FERC Proposes to Modify Water Quality Certification Waiver Period for Natural Gas Projects

Troutman Pepper on

On September 9, 2020, FERC issued a Notice of Proposed Rulemaking (“NOPR”) proposing updated regulations that will establish a one-year period for state agencies or other certifying authorities (“Certifying Agencies”) to act...more

Benesch

U.S. EPA Rule Seeks to Curtail State Discretion Under the Clean Water Act to Block Pipelines and Other Infrastructure Projects

Benesch on

On June 1, 2020, the U.S. Environmental Protection Agency finalized a regulation intended to reduce the ability of individual states, Native American tribes or interstate regulatory agencies to veto federal permits for...more

Troutman Pepper

Ninth Circuit Orders Enjoinment of Oil and Gas Line Construction Proceeding Under Nationwide Water Permit 12

Troutman Pepper on

N. Plains Res. Council v. United States Army Corps of Eng’rs, No. 4:19-cv-00044-BMM, 2020 BL 35412 (9th Cir. May 14, 2020) - Oil and gas pipeline construction may no longer proceed under Nationwide Water Permit 12 (“NWP...more

Bricker Graydon LLP

[Webinar] A Tale of Two Permits - May 21st, 2:00 pm - 3:00 pm EST

Bricker Graydon LLP on

Bricker & Eckler and Hull & Associates will discuss the potential impacts and outcomes of recent activities in the area of surface water permitting. Specifically, we will be addressing the court ruling in Northern Plains...more

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

Permian Pipeline/Nationwide Permit 12: Sierra Club Complaint for Declaratory and Injunctive Relief

The Sierra Club filed on April 30th a Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Army Corps of Engineers (“Corps”) challenging the discharge of dredged or fill material into waters...more

Holland & Knight LLP

Why EPA’s Clean Water Act Section 401 Guidance Will Have No Practical Impact on Pipeline Projects

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) recently announced the rollout of its new Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes which replaces an April 2010 Interim Guidance...more

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

Does a Discharge to Groundwater Require an NPDES Permit? Arkansas Environmental Federation Water Conference Presentation...

I under took a presentation at the April 18th Arkansas Environmental Federation Water Conference (“Conference”) titled: Does a Discharge to Groundwater Require an NPDES Permit? (“Presentation”) The Presentation focused...more

Farella Braun + Martel LLP

Discharges Through Groundwater: Fourth Circuit Expands CWA Jurisdiction

A recent ruling by the Fourth Circuit Court of Appeals signals a marked expansion of jurisdiction and potential liability under the Clean Water Act (CWA). Reversing the trial court’s dismissal for failure to state a claim,...more

Stoel Rives LLP

Activists Make Good on Promise to Sue DOT over Pipeline Regs.

Stoel Rives LLP on

On October 8, the National Wildlife Federation (“NWF”) fulfilled its promise to sue the U.S. Department of Transportation (“DOT”). The lawsuit alleges that for 20 years the DOT has allowed pipelines to operate illegally by...more

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