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FERC Modifies Water Quality Certification Waiver Period for Gas Projects

FERC issued a final rule on March 18 amending its regulations to establish a one-year period for state agencies or other certifying authorities to act on requests for water quality certifications required for a certificate of...more

FERC Schedules Technical Conference to Discuss Electric System Reliability

In the wake of the February extreme cold weather that caused record levels of electric generation to be taken offline, the Federal Energy Regulatory Commission (FERC or the Commission) has scheduled a two-day technical...more

FERC Focuses on Environmental Justice in Pipeline Certification Policy Statement

The Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) on February 18 seeking new information and comments on whether it should revise its policy statement on the certification of new interstate...more

Texas Restricts Gas Exports Amid Cold Weather Crisis

On February 17, Texas Governor Greg Abbott took the extraordinary measure of directing the Railroad Commission of Texas (RRC) to restrict out-of-state exports of natural gas produced in Texas through February 21. Noting the...more

Texas Blackouts Show Vulnerabilities of Electric Grid; Federal and State Investigations Announced

After severe winter weather forced Texas into experiencing power outages and rolling blackouts, there will likely be resulting federal and state investigations into the outages, federal investigations into commodity and...more

Glick Brings Environmental Justice to the Forefront

FERC Chairman Richard Glick announced his plans on February 11 to better incorporate environmental justice and equity concerns into FERC’s decision making process. Improving the process for reviewing and determining the need...more

The Hits Keep Coming: DC Circuit Vacates Dakota Access Pipeline’s Federal Easement

It’s been a difficult several days for the oil industry. First, the Biden administration revoked the border-crossing permit for the Keystone XL pipeline on January 20. Another executive order, among other things, directed the...more

Energy and Climate Update: Day 7 of Biden’s Presidency

President Joe Biden issued a series of executive orders on January 27 to further confront the “existential threat” of climate change, to reaffirm the executive branch’s commitment to evidence-based policymaking and...more

New Natural Gas Infrastructure Likely to Face Challenges During Biden Administration

Action, or in some cases inaction, by the Federal Energy Regulatory Commission (Commission or FERC) during its last open meeting before the start of the Biden administration sent a strong message to the natural gas industry...more

Energy and Climate Update: Day 1 of Biden’s Presidency

As the 46th president of the United States, Joe Biden took significant steps on his first day in office to advance the energy and climate initiatives of his administration. This LawFlash provides a brief summary of several...more

Biden Designates Glick as FERC Chair for Majority-Republican Commission

In an expected move, President Joe Biden has designated Commissioner Richard Glick as the new FERC Chairman. Chairman Glick takes over from Commissioner James Danly, whose term as Chairman lasted less than three months....more

FERC Proposes Revisions to Its Price Index Policy to Encourage Price Reporting

The Federal Energy Regulatory Commission (FERC) proposed revisions to its Policy Statement on Natural Gas and Electric Price Indices (Policy Statement) on December 17 to encourage market participants to report transactions to...more

FERC Abruptly Terminates Proceeding on Oil Pipeline Affiliate Deals

Following its December 17 open meeting, FERC issued an order withdrawing and terminating a proceeding that had been opened earlier this year to examine oil pipeline affiliate contracts. FERC initiated that proceeding on...more

DOE Streamlines Environmental Reviews for LNG Exports to Certain Countries

The US Department of Energy (DOE or Department) finalized a rulemaking proceeding last week that revises its National Environmental Policy Act (NEPA) implementing procedures pertaining to certain authorizations under the...more

Senate Confirms Two FERC Commissioners

The US Senate has confirmed the nominations of Mark Christie (R) and Allison Clements (D) to fill the remaining Republican and Democratic vacant seats on the Federal Energy Regulatory Commission. These confirmations restore...more

Department of Energy Releases Updated Strategic Plan for Hydrogen Program

The US Department of Energy (DOE) has released the Hydrogen Program Plan, a strategic framework that intends to “accelerate research, development, and deployment (RD&D) of hydrogen and related technologies in the United...more

CFTC Subcommittee Issues ‘First of Its Kind’ Climate Risk Report

A recent report from the US Commodity Futures Trading Commission encourages financial regulators to consider the risks climate change poses to the US financial system and includes recommendations for addressing these risks....more

DC Circuit Rejects FERC’s Use of Tolling Orders; FERC Issues Statement Asking Congress to Act

A decision by the US Court of Appeals for the DC Circuit on June 30 rejected the near routine use by the Federal Energy Regulatory Commission of tolling orders to prevent rehearing requests from being denied by operation of...more

FERC to Convene Technical Conference on Long-Term Impacts of COVID-19 Pandemic

The Federal Energy Regulatory Commission (FERC) issued a notice on May 20 that it will convene a Commissioner-led technical conference to consider the ongoing, serious impacts that the emergency conditions caused by the...more

COVID-19: PHMSA Discretion to Enforce Certain New Gas Pipeline Safety Regulations

In response to President Donald Trump’s declaration of a national emergency due to the coronavirus (COVID-19) pandemic, the Pipeline Hazardous Materials Safety Administration (PHMSA) issued a notice that it does not intend to...more

COVID-19: FERC Grants Regulatory Relief, Commits to Exercise Prosecutorial Discretion

Federal Energy Regulatory Commission Chairman Neil Chatterjee on April 2, 2020, announced the commission’s plan to assist regulated entities in managing enforcement- and compliance- related burdens during the ongoing...more

CISA Guidance Expands Scope of ‘Essential’ Energy Workers Amid COVID-19

A week after first issuing guidance identifying the workers considered essential for critical industries in the United States during the coronavirus (COVID-19) pandemic, the US Department of Homeland Security’s Cybersecurity...more

PHMSA Notice to Operators: Stay of Enforcement and Enforcement Discretion for Certain Requirements Due to COVID-19

In response to the US president’s declaration of a national emergency due to the coronavirus (COVID-19) pandemic, on March 20 the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a notice to operators...more

COVID-19 FERC Provides Overview of Operating Status Regulatory Approach

Commission Chairman Neil Chatterjee held a press conference on March 19 to discuss FERC’s work during the current pandemic, provide updates regarding the coronavirus (COVID-19), and respond to questions from the media. ...more

Cyberattack Forces Gas Pipeline Shutdown

A cyberattack on a single gas compression facility resulted in the shutdown of a natural gas pipeline for two days, according to a recent alert from the US Department of Homeland Security’s Cybersecurity and Infrastructure...more

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