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D.C. Circuit Court Affirms EPA’s Power to Regulate Biogas

On July 19, 2024, the D.C. Circuit Court upheld modified EPA regulations on monitoring biogas-derived renewable fuel, rejecting the petition of the Coalition for Renewable Natural Gas (the Coalition) -- a trade association...more

CEQ Finalizes Substantial Revisions to NEPA

The White House Council on Environmental Quality (CEQ) today published its final rule to implement “Phase 2” of its National Environmental Policy Act (NEPA) regulation amendments. This is CEQ’s final step to unwind many of...more

President Biden Nominates Three FERC Commissioners

On February 29, 2024, President Biden nominated three new commissioners of the Federal Energy Regulatory Commission (“FERC”). The nominations will be reviewed and voted on by the Senate Energy and Natural Resources Committee...more

Massachusetts DPU Completes Investigation into Future Role of Commonwealth’s Gas Distribution Companies

After a three-year investigation and the receipt of substantial stakeholder input, the Massachusetts Department of Public Utilities (DPU or Department) recently issued an order (D.P.U. 20-80-B) to set forth the role that...more

Ninth Circuit Upholds FERC’s Interpretation of Statute of Limitations to Enforce Civil Penalties

On August 18, 2023, the United States Court of Appeals for the Ninth Circuit upheld a district court order adopting the Federal Energy Regulatory Commission’s (FERC) interpretation of the statute of limitations applicable to...more

Federal Law Preempts Berkeley’s Natural Gas Pipeline Ban

Whether you are a James Beard Award-winning chef or a self-taught home cook dreaming of that shiny new gas stove, you can rest somewhat easier. The U.S. Court of Appeals for the Ninth Circuit has ruled that the federal...more

4/19/2023  /  ECPA , Natural Gas , Pipelines , Preemption

FERC Releases Fiscal Year 2022 Annual Enforcement Report

On November 17, 2022, the Staff of the Office of Enforcement (“OE”) of the Federal Energy Regulatory Commission (“FERC”) issued its sixteenth Annual Report on Enforcement (the “Report”). The Report discusses the activities...more

Biden Administration Restores More Stringent Environmental Review under NEPA

The White House Council on Environmental Quality (CEQ) today published its final rule to amend three provisions of its National Environmental Policy Act (NEPA) regulations. The amendments largely are the same as the changes...more

Update: FERC Commissioners Vote Unanimously to Revise Pipeline Certificate and GHG Emission Policy Statements

The Federal Energy Regulatory Commission has reached consensus to revise the two policy statements it issued on February 18, 2022, impacting the permitting and construction of new natural gas pipeline facilities...more

Amidst Ongoing Policy Statement Controversy, D.C. Circuit Remands Another FERC Pipeline Order Over GHG Analysis

Once again finding the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) environmental assessment (“EA”) analysis of the downstream effect of greenhouse gas (“GHG”) emissions associated with interstate natural...more

Contentious Senate Committee Hearing Highlights the Politically-Charged Nature of FERC’s Recent Pipeline Policy Statements

The Senate Energy & Natural Resources Committee held a hearing today to question Federal Energy Regulatory Commission (FERC) Chairman Richard Glick and Commissioners Allison Clements, Mark Christie, James Danly, and Willie...more

FERC Issues Two Controversial Policy Statements on Natural Gas Infrastructure

On February 18, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two controversial policy statements that will significantly impact the permitting and construction of new natural gas pipeline...more

Technical Conference Sparks Debate Over FERC’s Legal Authority to Consider Greenhouse Gas Emissions in Pipeline Certification...

On November 19, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) convened a Staff-led technical conference to discuss methods natural gas companies may use to mitigate the effects of direct and indirect...more

CEQ Moves to Reinstate Three Key NEPA Provisions Removed Under Trump Administration

The White House Council on Environmental Quality (CEQ) announced today that it is initiating a rulemaking to restore three important procedural provisions of the National Environmental Policy Act (NEPA) that will apply to...more

FERC Staff Recommends Natural Gas Infrastructure Winterization Measures in Light of 2021 Extreme Winter Weather Events

The Federal Energy Regulatory Commission (“FERC”), in coordination with the North American Electric Reliability Corporation (“NERC”), presented its preliminary findings and recommendations at FERC’s Open Meeting on September...more

9/28/2021  /  Energy Sector , FERC , Natural Gas , NERC , Oil & Gas

House of Reps, TSA Tackle Cybersecurity in the Energy Industry

This week, the House of Representatives approved three measures aimed at improving cybersecurity in the energy industry...more

Government Races to Secure Critical Infrastructure in Wake of Colonial Pipeline Ransomware Attack

One of the nation’s largest pipelines, Colonial Pipeline, which carries 45 percent of the East Coast’s fuel supplies, was forced to shut down on May 7 after it was targeted by a ransomware attack. Ransomware is a type of...more

State Climate Legislation Takes Aim at Natural Gas Industry

This is the second post in an ongoing series focused on how state and federal measures addressing climate and carbon reduction are affecting the natural gas industry. ...more

The Natural Gas Industry in a Climate-Focused Future: Regulators Take Action to Adapt

Introduction - Climate change policies at the state and federal levels will have significant impacts on natural gas companies and their customers. On the one hand, there is pressure on companies to maintain safe and...more

BREAKING: Richard Glick Appointed FERC Chairman

This morning, the Biden Administration appointed Richard Glick as FERC Chairman. Chairman Glick tweeted his gratitude and noted that “[t]his is an important moment to make significant progress on the transition to a clean...more

BREAKING NEWS: U.S. Senate Confirms Two New FERC Commissioners

On the evening of November 30, the U.S. Senate confirmed Allison Clements and Mark Christie to be FERC Commissioners by a voice vote....more

BREAKING NEWS: FERC Nominees Advance to Senate

Today, the Senate Committee on Energy and Natural Resources held a business meeting to consider the nominations of Mark Christie and Allison Clements to the Federal Energy Regulatory Commission. The Committee voted to report...more

11/23/2020  /  FERC , Senate Committees

FERC Accepts PJM Compliance Filings Overhauling Reserve Market and E&AS Offset Calculation

On November 12, 2020, the Federal Energy Regulatory Commission (“Commission”) approved changes regarding PJM Interconnection, L.L.C.’s (“PJM”) reserve market, including how the Regional Transmission Organization (“RTO”)...more

11/20/2020  /  Energy Market , Energy Sector , FERC , RTO

BREAKING NEWS: Neil Chatterjee Removed as FERC Chairman

In a surprise move last night, President Trump removed Neil Chatterjee as Chairman of FERC, and appointed James Danly. Chatterjee issued a statement on Twitter, noting the honor of serving as Chairman, wishing Danly well, and...more

FERC Proposes Policy Statement on Oil Pipeline Affiliate Contracts

On October 15, 2020, the Federal Energy Regulatory Commission (FERC) issued a proposed policy statement containing guidance for oil (and petroleum products) pipeline common carriers proposing rates and terms pursuant to...more

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