FERC recently issued a notice of proposed rulemaking (NOPR) to expand the existing duty of candor rule by adding a requirement in 18 CFR Part 1 that any entity communicating with FERC or other specified organizations related...more
US Senators Maria Cantwell (D-WA) and Catherine Cortez Masto (D-NV) introduced legislation on July 28, 2022, to provide FERC with the authority to temporarily or permanently ban any person from trading or transacting in...more
Through its more recent enforcement actions, the Federal Energy Regulatory Commission (FERC or the Commission) has sent a clear message to the energy industry, with its Office of Enforcement (OE) shifting enforcement efforts...more
The Federal Energy Regulatory Commission issued show cause orders to two natural pipelines—Rover Pipeline and Midship Pipeline Company—following its December 2021 open meeting, and sent a related dispute involving Midship for...more
The US Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule on November 2, 2021 expanding the applicability of the federal pipeline safety regulations to certain...more
In the eight months since Richard Glick took the helm of the Federal Energy Regulatory Commission (FERC), a number of changes to federal regulation of the development of natural gas infrastructure are in the works and several...more
Nearly 200 comments were filed in response to FERC’s February 18, 2021 Notice of Inquiry (NOI) that sought new information and perspectives on whether it should revise its policy statement on the certification of new...more
6/21/2021
/ Determination of Need (DoN) ,
Electricity ,
Eminent Domain ,
Energy Projects ,
Energy Sector ,
Environmental Impact Statements ,
Environmental Justice ,
FERC ,
Natural Gas ,
Natural Gas Act ,
Oil & Gas ,
Pipelines ,
Policy Statement
FERC issued a Notice Seeking Comments on March 18 on its proposal to collect additional data from market-based rate (MBR) Sellers whose ultimate upstream affiliate(s) own their voting securities under a Federal Power Act...more
3/31/2021
/ Comment Period ,
Electric Generation Suppliers ,
Energy Reform ,
Federal Power Act ,
FERC ,
Market Based Approach ,
Oil & Gas ,
Power Infrastructure ,
Regulatory Agenda ,
Upstream Contracts ,
Voting Shares
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
3/22/2021
/ Certificate of Public Convenience and Necessity ,
Clean Water Act ,
FERC ,
Infrastructure ,
Native American Issues ,
Natural Gas ,
Navigable Waters ,
Oil & Gas ,
Pipelines ,
Section 401 ,
Tribal Governments ,
Water Quality
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
2/19/2021
/ Climate Change ,
Energy Policy ,
Energy Reform ,
FERC ,
Infrastructure ,
Natural Gas ,
NEPA ,
Notice of Inquiry ,
Oil & Gas ,
Pipelines ,
Policy Statement
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
2/18/2021
/ Biden Administration ,
Climate Change ,
Energy Policy ,
Energy Reform ,
Environmental Policies ,
FERC ,
Greenhouse Gas Emissions ,
Infrastructure ,
Natural Gas ,
Oil & Gas ,
Pipelines ,
Policy Statement ,
Regulatory Agenda
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
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
1/28/2021
/ Biden Administration ,
Energy Policy ,
Energy Projects ,
Energy Reform ,
FERC ,
Infrastructure ,
Liquid Natural Gas ,
Natural Gas ,
Oil & Gas ,
Pipelines ,
Regulatory Agenda
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
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
The Commodity Futures Trading Commission (CFTC) indicated on April 24 that it is conducting a review of the $40-per-barrel plunge in the WTI crude price that occurred on April 20. The CFTC stated that it is conducting the...more
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
The Pipeline and Hazardous Materials Safety Administration’s (PHMSA’s) long-awaited final rule on the minimum safety standards for underground natural gas storage facilities (UNGSFs) was published in the February 12 Federal...more
2/19/2020
/ Energy Policy ,
Final Rules ,
Hazardous Substances ,
Natural Gas ,
Oil & Gas ,
PHMSA ,
PIPES Act ,
Regulatory Requirements ,
Rulemaking Process ,
Safety Standards ,
Underground Storage Tanks
The Commodity Futures Trading Commission (CFTC) filed and settled charges on October 24 against Upstream Energy Services LLC (Upstream Energy) for acting as an unregistered futures commission merchant. The Commission’s order...more
On June 14, the US Court of Appeals for the DC Circuit vacated and remanded two challenged orders and directed FERC to explain or reconsider whether data made available after a challenged rate increase becomes effective...more
The US Supreme Court has denied a petition for certiorari filed by the Delaware Riverkeeper Network, which challenged a decision by the US Court of Appeals for the Third Circuit concerning Pennsylvania’s water quality...more
Operators of underground storage facilities will need to assess the operational safety of their facilities and document the implementation of safety solutions....more
Interim Final Rule allows the Pipeline and Hazardous Materials Safety Administration (PHMSA) to respond immediately to unsafe conditions or practices that pose an imminent hazard to public health and safety or to the...more