Natural Gas

News & Analysis as of

News from Second and State

It was a quiet week in the capital city, with Monday being a national holiday and no voting session for either chamber. That’s not to say that nothing newsworthy happened. On Tuesday, Gov. Tom Wolf announced the creation of a...more

California Environmental Law & Policy Update - May 2015 #5

Environmental and Policy Focus: EPA and U.S. Army Corps of Engineers approve new definition of "waters of the United States" - Allen Matkins - May 27: The U.S. EPA and the U.S. Army Corps of Engineers announced on May...more

North Carolina Adds a New Square to the Patchwork Quilt of State-by-State Treatment of Hydraulic Fracturing

New York State garnered worldwide media attention on December 17, 2014, when Governor Andrew Cuomo’s administration announced after six years of study that it was instating a complete ban on high-volume hydraulic fracturing...more

Reported Relationship Between Indoor Radon Concentrations and Unconventional Marcellus Shale Drilling Must Be Interpreted With...

Johns Hopkins researchers recently published a paper titled, "Predictors of Indoor Radon Concentrations in Pennsylvania, 1989-2013," in Environmental Health Perspectives. The study reported the results of a mathematical...more

FERC Issues Policy Statement Regarding Pipeline Modernization Surcharges

On April 16, 2015, the Federal Energy Regulatory Commission (FERC) issued a Policy Statement regarding Cost Recovery Mechanisms for Modernization of Natural Gas Facilities (Docket No. PL15-1-000). The Policy Statement affords...more

Colorado Supreme Court Restricts Use of "Lone Pine" Discovery Orders

On April 20, 2015, the Colorado Supreme Court released an important decision restricting the use of so-called "Lone Pine" orders. See Antero Resources Corp. v. Strudley. Lone Pine orders require plaintiffs in toxic tort cases...more

PHMSA Steps Up Review of Pipeline Construction

Enforcement Focus on 60-Day Notification Requirement - The Pipeline and Hazardous Materials Safety Administration (PHMSA) has stepped up enforcement efforts concerning pipeline and LNG terminal construction....more

FERC Declines to Change "Gas Day" Start Time; Adopts Other Proposed Natural Gas Scheduling and Contracting Changes

On April 16, 2015, the Federal Energy Regulatory Commission (FERC) issued a final rulemaking order (Order No. 809 in Docket RM14-2-000) in which it declined to adopt the controversial proposed change in the "Gas Day" start...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Budget Work Continues, Gains Momentum in Appropriations - As the clock ticks towards the...more

Renewable Energy Update - May 2015 #2

Renewable Energy Focus - Wyoming-to-California lines for wind power clear hurdle: REVE Wind News - May 2: A planned 730-mile power line project to export Wyoming wind power to Southern California has passed a...more

U.S. Supreme Court Lets Natural Gas Act Preemption Seep Away

In Oneok, Inc. v. Learjet, Inc., No. 13-271 (April 21, 2015), the U.S. Supreme Court held in a 7-2 opinion that state law antitrust claims against defendant natural gas pipeline companies did not fall within the field of...more

FERC Revises Gas Nomination Regulations, Leaves Gas Day Unchanged

On April 16, 2015, the Federal Energy Regulatory Commission (FERC) issued Order No. 809, its Final Rule regarding the coordination of scheduling between interstate natural gas pipelines and electric public utilities.  FERC...more

Supreme Court Finds No Pre-emption in Natural Gas Act Case

The U.S. Supreme Court recently held in ONEOK Inc. v. Learjet, Inc., that the Natural Gas Act (NGA) does not pre-empt state-law antitrust suits over manipulation of natural gas indices. The court’s decision has important...more

NERC's Polite Review of the Clean Power Plan: A "Challenge"

When the draft of EPA's Clean Power Plan was promulgated in the Federal Register last June, one of the critical questions raised by those in the electricity space was: what about reliability? If you shut down all those coal...more

FERC Policy Statement Regarding Pipeline Recovery of System Modernization Costs

On April 16, 2015, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Policy Statement on Cost Recovery Mechanisms for Modernization of Natural Gas Facilities (the “Policy­­­.Statement”), opening...more

D.C. Circuit Upholds FERC Approval of Maryland Natural Gas Facility

On April 24, the D.C. Circuit issued its opinion in Myersville Citizens for a Rural Community v. FERC, upholding the Federal Energy Regulatory Commission’s (“FERC” or the “Commission”) approval of Dominion Transmission’s...more

Energy Bulletin (US)

Transportation Department acts on safety issues regarding crude and ethanol shipped by rail. The US Department of Transportation on April 17 issued regulatory changes it believes will address “some of the issues...more

FERC Rule on Coordination of Natural Gas and Electric Scheduling Finalized as Industry Interdependency Grows

The electric industry is becoming increasingly reliant upon natural gas as a fuel source in the midst of our nation’s abundant natural gas resources and aggressive regulatory efforts to reduce the environmental impact of...more

Supreme Court’s Holding in Oneok v. Learjet Could Lead to New Risks for Market Participants

On April 21, 2015, the Supreme Court decided Oneok v. Learjet, holding that “Respondents’ state-law antitrust claims are not within the field of matters pre-empted by the Natural Gas Act” even though the claimed violations...more

Justices Spar Over Pre-Emption as High Court Allows State Law Antitrust Claims to Proceed Against Interstate Pipelines

On April 21, 2015, in a 7-2 decision authored by Justice Breyer, the U.S. Supreme Court ruled that state law antitrust claims brought against interstate pipeline companies by a group of manufacturers and other retail buyers...more

Justices Spar Over Pre-Emption as High Court Allows State Law Antitrust Claims to Proceed Against Interstate Pipelines

The recent 7-2 U.S. Supreme Court decision in Oneok, Inc. et al. v. Learjet, Inc. et al. ruled that state law antitrust claims brought against interstate pipeline companies by a group of manufacturers and other retail buyers...more

ONEOK, Inc. v. Learjet, Inc.: The Supreme Court Holds that Natural Gas Jurisdictional Sellers are Subject to State Antitrust...

On April 21, 2015, the Supreme Court issued its much-anticipated decision in ONEOK Inc. v. Learjet, Inc. addressing the extent to which the Natural Gas Act (“NGA”) preempts state antitrust claims brought against...more

FERC Finalizes Rule on Natural Gas and Electric Scheduling Practices

The reforms are aimed to address natural gas and electric scheduling concerns resulting from the increase in gas-fired generation, to provide greater flexibility to industry participants, and to better ensure reliable and...more

FERC Issues Policy Statement On Natural Gas Pipeline Modernization Cost Recovery

On April 16, 2015, FERC issued a Policy Statement in Cost Recovery Mechanisms for Modernization of Natural Gas Facilities, Docket No. PL15-1-000, 151 FERC ¶ 61,047 (2015). Effective October 1, 2015, the Policy Statement...more

Department of Energy Report Calls for U.S. to Modernize Energy Infrastructure, Invest in Natural Gas Pipelines

On Tuesday, April 21 the Obama Administration released the first Quadrennial Energy Review (“QER”) as a component of President Obama’s Climate Action Plan. The extensive report analyzes energy infrastructure in the United...more

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