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Third Circuit Breathes Life Into Procedural Due Process Claims In Pipeline’s Case Against Delaware’s State Escheator

In the case of Plains All American Pipeline L.P. v. Cook, et al., decided on August 9, the U.S. Court of Appeals for the Third Circuit largely affirmed the dismissal of Plains All American Pipeline L.P.’s (Plains) complaint...more

Court Dismisses Complaint That FERC’s Regulatory Structure Is Biased In Favor Of Pipeline Applicants

On March 22, in the case of Delaware Riverkeeper Network, et al., v. FERC, the U.S. District Court for the District of Columbia dismissed the plaintiffs’ complaint that the statutory requirement that the Federal Regulatory...more

3/24/2017  /  Energy Sector , FERC , Oil & Gas , Pipelines

Cheyenne River Sioux Tribe’s Motion for a Preliminary Injunction Denied

On March 7, the U.S. District Court for the District of Columbia issued a ruling denying a motion for a preliminary injunction filed by the Cheyenne River Sioux Tribe challenging an easement granted on February 8 by the U.S....more

Fifth Circuit: Some Degree of Propinquity Is Required To Maintain Claims

In Board of Commissioners of the Southeast Louisiana Flood Protection Authority – East, et al., v. Tennessee Gas Pipeline Company, L.L.C., et al., the U.S. Court of Appeals for the Fifth Circuit issued a unanimous ruling...more

Standing Rock Sioux Tribe’s Administrative Injunction Freezing Work on Dakota Access Oil Pipeline Dissolved

A few weeks ago, we noted that the U.S. District Court for the District of Columbia, in a decision reported on September 9, 2016, denied a motion for a preliminary injunction filed by the Standing Rock Sioux Reservation...more

ND Pipeline Decision: Court Grants TRO to Prevent Indian Nation from Interfering with Construction of Pipelines

On September 13, the U.S. District Court for the District of North Dakota granted a Motion for a Temporary Restraining Order in the matter of Paradigm Energy Partners, LLC v. Fox, et al., prohibiting the defendants from...more

District Court Rejects Petition for Preliminary Injunction to Stop Dakota Access Pipeline, Triggering Forceful Response by Federal...

On September 9, the U.S. District Court for the District of Columbia denied a motion for a Preliminary Injunction against the U.S. Army Corps of Engineers to stop the construction of the Dakota Access Pipeline, a pipeline...more

Fifth Circuit Declines to Stay of Compliance Order Flowing from Spill But Directs Expedited Briefing Schedule

On August 11, the U.S. Court of Appeals for the Fifth Circuit issued an opinion rejecting the ExxonMobil Pipeline Company’s request for a stay pending appeal of a Compliance Order issued by the Pipeline and Hazardous...more

Third Circuit Rejects Challenges to State Environmental Permits for Transco’s Pipeline Expansion Project

On August 8, the U.S. Court of Appeals for the Third Circuit released an opinion rejecting several challenges to environmental permits and authorizations granted by environmental regulatory agencies in New Jersey and...more

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