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Pipelines Standard of Review

Bennett Jones LLP

Federal Court of Appeal Dismisses Challenge to GIC Approval of Trans Mountain Pipeline Expansion Project

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Canada's duty to consult with Indigenous peoples does not guarantee outcomes, the Federal Court of Appeal (FCA or Court) confirmed in Coldwater First Nation v Canada (Attorney General), 2020 FCA 34 [Coldwater]....more

Sheppard Mullin Richter & Hampton LLP

FERC Holds the Line on One-Year Limit for State Review of Clean Water Act Certifications for Interstate Natural Gas Pipelines

On April 2, 2019, the Federal Energy Regulatory Commission (“FERC” or “Commission”) determined that the one-year statutory limit on state review of interstate natural gas pipeline company applications for water quality...more

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

Natural Gas Pipeline/Clean Water Act: Federal Appellate Court Addresses Challenge to New York Denial of 401 Certification

The United States Court of Appeals for the Second Circuit (“Court”) addressed in a February 5th Summary Order (“Order”) the New York State Department of Environmental Conservation’s (“NYDEC”) denial of a Section 401 Clean...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

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

Bennett Jones LLP

Federal Court of Appeal: Government Failed to Adequately Consult with First Nations on Northern Gateway

Bennett Jones LLP on

On June 23, 2016, the Federal Court of Appeal delivered the Northern Gateway Project another procedural setback in its decision on Gitxaala Nation v Canada (2016 FCA 187). In a 2-to-1 split decision, the court overturned the...more

Morgan Lewis

FERC Signals Intention to Closely Scrutinize Late Interventions

Morgan Lewis on

Movants must clear high hurdle once parties reach settlement in principle. On March 9, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order in Maritimes & Northeast Pipeline, LLC (Maritimes...more

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