News & Analysis as of

FERC Issues Declaratory Orders in Shell and Pivotal Proceedings Related to LNG Production Facilities

On September 4, 2014, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued declaratory orders in response to two petitions, each seeking a jurisdictional determination under the Natural Gas Act (“NGA”)...more

Texas Railroad Commission Proposes New Rules Related to Pipeline Eminent Domain Claims

The November 2011 issue of the Energy Newsletter addressed the case of Texas Rice Land Partners, Ltd. v. Denbury Green Pipeline-Texas, LLC, in an article titled Texas Supreme Court Ruling May Slow the Installation of Certain...more

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

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

Which Ground for Federal Jurisdiction is the Safest in Dredging Cases?: Board of Commissioners of the Southeast Louisiana Flood...

The Eastern District of Louisiana recently denied the Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East’s (Plaintiff) Motion to Remand its suit against 92 oil and gas companies back to state...more

Levick Monthly - June 2014: Keystone XL: All Lobbied Up With No Place To Go

In This Issue: - Keystone - XL: All Lobbied Up With No Place To Go - CRISIS - The 5 Apology rules that Sterling broke - DIGITAL ENGAGEMENT - Abramson Gets The Axe, But It's Sulzberger Who Lost His Head -...more

Secretary Foxx and PHMSA Release Much-Anticipated Proposed Rule On Crude By Rail Tank Car Standards

The U.S. Department of Transportation Secretary Anthony Foxx and the Pipeline and Hazardous Materials Safety Administration (PHMSA) recenlty released a much-anticipated Notice of Proposed Rulemaking (NPRM) to improve the safe...more

D.C. Circuit Rejects Petitions Challenging Proposed NY-NJ Gas Pipeline

The D.C. Circuit Court of Appeals recently dismissed petitions brought by the City of Jersey City, NJ, and various environmental organizations challenging the Federal Energy Regulatory Commission's ("FERC") order granting a...more

Are Oil and Gas Producers Protecting the Environment?

In their search for Utopia, some opponents of oil and gas drilling ignore innovation … What’s harmful now will forever be that way....more

Energy & Environment Update - June 2014 #4

In This Issue: - As EPA Considers Required 2014 Biofuel Levels, CBO Analyzes Gas and Food Price Impact - Energy and Climate Debate - Congress - Department of Defense - Department of...more

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

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

The Shale Play Today - June 2014

In This Issue: - Observations of the Sixth Annual DUG Conference - Mergers, Midstream, and the Marcellus and Utica Shales - Sunoco's Natural Gas Liquids Pipeline Delayed? - How Local Drilling Regulations May...more

D.C. Circuit Ruling Has Potential Implications for Natural Gas Pipeline and LNG Projects Under FERC Environmental Review

A recent decision by the U.S. Court of Appeals for the District of Columbia Circuit rejected certain portions of an environmental analysis conducted by the Federal Energy Regulatory Commission (FERC or "Commission"). This...more

More Pipeline Development Projects: What America Needs

National Environmental Policy Act (“NEPA”) challenges to pipeline projects and other natural gas infrastructure have become a commonplace tool in recent years for environmental groups seeking to defeat or delay midstream...more

Tennessee Gas Decision: Oil & Gas Implications

On June 6, 2014, the U.S. Court of Appeals for the DC Circuit ruled that the FERC violated the National Environmental Policy Act (NEPA) by improperly "segmenting" its NEPA analysis of a four-part upgrade to Tennessee Gas...more

Allen v. El Paso Pipeline GP Co., L.L.C., C.A. No. 7520-VCL (Del. Ch. May 19, 2014) (Laster, V.C.)

In this opinion, the Court of Chancery applied the two-pronged Tooley standard to determine whether a plaintiff’s breach of contract claims in the limited partnership context were derivative or direct. Finding such claims to...more

Senate Committee Passes Legislation Approving Keystone XL Pipeline and Pushes Full Senate Vote

On June 18, 2014, the Senate Committee on Energy & Natural Resources (“Committee”) passed in a 12-10 bi-partisan vote a bill that would approve TransCanada’s application to build Keystone XL pipeline, which has been pending...more

DOE Proposes to Alter Its Review Process for LNG Export Applications

The United States Department of Energy (DOE) recently announced that it proposes to revamp the order in which it will process applications to export liquefied natural gas (LNG). The DOE also stated that it will conduct a...more

Federal Government Initiatives Support Engagement with First Nations

On May 27, 2014, the Honourable Greg Rickford, Canada’s Minister of Natural Resources and Minister for the Federal Economic Development Initiative for Northern Ontario, announced two new measures to strengthen engagement with...more

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

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

Drafting Lessons From The "Deliver-Or-Pay Wars" Of The Southern Cone

The Rise of Domestic Gas Obligations - The increase of domestic gas ("domgas") obligations imposed by Host States in pipeline gas or LNG export projects has become a trend in the international gas industry. ...more

Natural Gas & Electric Industry Coordination Efforts Advance Through NAESB Gas-Electric Harmonization Forum After Recent FERC...

The natural gas and electric industries have been a buzz since the Federal Energy Regulatory Commission (“FERC”) issued its March 20, 2014 Orders focused on improving the coordination and scheduling of natural gas pipeline...more

Big Changes to Federal Jurisdiction over Waters of the U.S. through the Clean Water Act

On March 25, 2014, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“USACE”) announced the release of their proposed rule redefining what waters fall under federal jurisdiction under the...more

Propane: winter shortages in 2014

Propane is widely used as a fuel -- but shortages this past winter led to an unprecedented emergency in the eyes of federal regulators. Propane is a hydrocarbon produced as a byproduct from natural gas processing and crude...more

FERC Issues NOPR Regarding Coordination of the Scheduling Processes of Interstate Natural Gas Pipelines and Public Utilities

At the March open meeting, FERC issued a notice of proposed rulemaking (NOPR) in which it proposed changes to the Gas Day and pipeline nominations schedule (Docket No. RM14-2-000, 146 FERC ¶ 61,201). The NOPR is part of the...more

New Jersey Appeals Court Interprets Force Majeure Clause In NAESB

In a ruling of significant importance for those confronting force majeure (“FM”) issues in natural gas trades, and a win for Hess Corporation (“Hess” or “Plaintiff”), the Superior Court of New Jersey, Appellate Division ruled...more

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