News & Analysis as of

Natural Gas Pipeline Permitting Reform Act

Last week, the U.S. House of Representatives voted to pass a bill to expedite federal review of some spects of proposed natural gas pipelines. Known as H.R. 161, the Natural Gas Pipeline Permitting Reform Act is officially...more

Alien Tort Case Development: Ninth Circuit Affirms Dismissal of Claims Against Occidental Petroleum

In mid-December, the Ninth Circuit Court of Appeals affirmed the dismissal of claims filed pursuant to the Alien Tort Statute (“ATS”) against Occidental Petroleum. Plaintiffs in the case argued that Occidental should be held...more

The “LNG Permitting Certainty and Transparency Act”— A Positive Step Toward Expediting U.S. LNG Export Projects

Restrictive regulations and permitting processes that operate at glacial speed (as opposed to market speed) pose the primary hurdles to greater U.S. exports of liquefied natural gas (LNG). In response to a chorus of...more

Mexico Is Becoming the Single-Largest U.S. Shale Gas Export Customer

On December 2, 2014, President Enrique Peña Nieto inaugurated Phase I of the new Los Ramones Gas Pipeline, which could by year end 2016 double the volume of gas the U.S. exports by pipeline to Mexico. Pipelines to Mexico...more

Natural Gas Pipelines to Bolster Bi-Directional Capacity in Northeast up to 32%, EIA Data Shows

By 2017, natural gas pipelines are projected to convert up to 32% of their pipeline capacity into the Northeast to support the bi-directional flow of natural gas out of the region to the South and West, according to a U.S....more

The Shale Play Today - December 2014

In This Issue: - Breaking News: America's Next Energy Hub - Philadelphia Dealt Major Setback - First Long-Term Comprehensive Field Study of Natural Gas Underway - 1,000 More Miles of Pipeline Planned to...more

Benesch Shale Industry Report Quarterly Summary - Q3 2014

In this Issue: - Top Issues and Considerations - Shale Industry Moves - Ohio Shale Infrastructure - Government - Excerpt from Shale Industry Moves: E&P – Overview for Ohio...more

US Presidential Permits for cross-border infrastructure

As the U.S.'s international trade in energy grows, so too has interest in the process for securing a federally required approval known as a Presidential Permit. The construction, operation, and maintenance of...more

Managing a FERC audit

What happens when the Federal Energy Regulatory Commission audits a public utility? The Federal Energy Regulatory Commission has jurisdiction over interstate transmission of electricity, natural gas, and oil, as well...more

Recent Regulations Prompt Revamped FERC Pipeline Cost-Recovery Policy

FERC proposes to establish a framework that allows pipelines to use surcharge or tracker cost-recovery mechanisms to accelerate system improvements associated with new safety and environmental compliance regulations....more

Report: New England electric sector will face gas supply deficit

A recently released report on the adequacy of New England’s natural gas pipeline infrastructure has identified the potential for shortfalls in gas supply to electric generators through 2020. The November 20, 2014 report,...more

FERC Issues Proposed Policy Statement on Cost Recovery Mechanisms for Modernization of Natural Gas Facilities

On November 20, the Federal Energy Regulatory Commission (Commission) issued a Proposed Policy Statement on cost recovery mechanisms, such as trackers or surcharges, that pipelines may use to recoup infrastructure...more

Summary of FERC Meeting Agenda - November 2014

In This Issue: - Administrative Items - Electric Items - Gas Items - Hydro Items - Excerpt from Hydro Items: H-1: Hydraco Power, Inc. and Warren David Long (Docket No. P-12588-010) - On...more

Dominion Resources Sending "Final" Requests for Permission to Survey Land for 550-Mile Pipeline

We've blogged in the past about the efforts of Dominion Resources, Inc. to construct a natural gas pipeline from West Virginia, through Virginia, leading to southern North Carolina. We've also blogged about the anticipated...more

Africa Energy Update

The latest news on legal and regulatory developments in Africa’s energy sector. This first Africa energy update focuses on East Africa, a region of growing potential for sector participants. Future updates will focus on other...more

Constitution Pipeline Environmental Impact Statement

A 124-mile natural gas transmission pipeline proposed from Pennsylvania to New York has received its final environmental impact statement from federal regulators, finding that while the project would cause some adverse...more

Canada's Energy East Pipeline Project

A subsidiary of Canadian energy company TransCanada has proposed a crude oil pipeline running 4,600 kilometers from Alberta and Saskatchewan to Saint John, New Brunswick. The proposed Energy East Pipeline Project would...more

Pro-Policyholder Opinion Drives Home Importance of Excess Policy Language When Settling with an Underlying Insurer for Less Than...

A reoccurring issue with excess insurance is whether a policyholder can trigger excess coverage by agreeing to a below-limits settlement with an underlying insurer, and filling in the gap between the settlement amount and the...more

Legal and Political Controversy Over Proposed Atlantic Coast Pipeline

The 550-mile Atlantic Coast Pipeline that is projected to run through the heart of Central Virginia has generated much political controversy and is now the subject of a new federal lawsuit. ...more

The Shale Play Today - October 2014

In This Issue: - West Virginia Aboveground Storage Tank Act Interpretive Rule Filed and Emergency Rule Out for Comment: The Aboveground Storage Tank Act was enacted in response to the January 9, 2014 spill that...more

Natural Gas Infrastructure Development in Focus to Support Shift from Traditional Supply and Flow of Gas

Last year we started our discussion of the developing shift in flow of natural gas from the traditional South-to-North/West-to-East path to a North-to-South/East-to-West path as a result of the abundance of natural gas now...more

Environmental Groups Ramp-up the Crude-by-Rail Fight in the Courtroom

Bakken crude producers and midstream transportation companies already experience transportation woes related to inadequate pipeline infrastructure, railroad capacity, tank car supply, rail accidents, and new regulations. But...more

It’s a Bird…it’s a Plane…it’s a Drone; FAA Approves Limited Use of Drones as Camera Platforms for Film and TV Production

Unmanned aerial cameras have been legal in other parts of the world but prohibited for commercial use in the United States until last week, with the limited exception of two commercial-drone operations, which the FAA had...more

Dominion's Atlantic Coast Pipeline: Property Owners Are Being Contacted

It was reported back in May 2014 that Dominion Resources, Inc. was considering at the time, an "extremely preliminary" prospect, the construction of a 450-mile underground natural gas pipeline from West Virginia, through...more

Easements Made Easier: Building Pipelines with the Power of Eminent Domain Under the Natural Gas Act

Any person or entity seeking to construct a natural gas pipeline and successful in obtaining a certificate of convenience and necessity from the Federal Energy Regulatory Commission may exercise the power of eminent domain to...more

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