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Update: First Circuit Revises Prior Decision to Vacate Air Permit in Light of Material Developments

As discussed previously in Pierce Atwood’s Energy Infrastructure Blog, on June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection...more

Surprise! President Trump Nominates Democrat and Republican to FERC

On July 27, 2020, President Trump nominated two candidates to the Federal Energy Regulatory Commission (FERC), securing a Republican majority on the Commission through June 2021 while also ensuring a continued quorum....more

CEQ Overhauls Federal Environmental Review

The Council on Environmental Quality (CEQ), a division of the Executive Office of the President, yesterday promulgated by publication in the Federal Register significant changes to its regulations implementing the National...more

Update: FERC Revises “Tolling” Order Language to Address Recent Court of Appeals Decision; Seeks Legislative Fix

As discussed previously in Pierce Atwood’s Energy Infrastructure Blog, on June 30, 2020, the U.S. Court of Appeals for the DC Circuit ruled that FERC lacks authority to issue tolling orders that postpone rehearing decisions...more

DC Circuit Rejects FERC’s Tolling Authority in Pipeline Certificate Proceedings

The Federal Energy Regulatory Commission (“FERC”) can no longer delay judicial review of its orders under the Natural Gas Act by issuing a tolling order that takes no action on a rehearing request other than granting itself...more

FERC Declares Concurrent Jurisdiction with Bankruptcy Courts Over Rejections of Natural Gas Transportation Agreements

On June 22, 2020, the Federal Energy Regulatory Commission (“FERC”) issued an order in response to a Petition for Declaratory Order (“Petition”) filed by ETC Tiger Pipeline, LLC (“ETC Tiger”), finding that FERC has concurrent...more

PHMSA Issues Gas Pipeline Regulatory Reform Notice of Proposed Rulemaking

On June 9, 2020, the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a Notice of Proposed Rulemaking (“NOPR”) to revise the Federal Pipeline Safety Regulations (“Regulations”) to reduce regulatory...more

First Circuit Vacates Air Permit: Natural Gas Pricing and Supply in New England Potentially Impacted

The U.S. Court of Appeals for the First Circuit recently vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by Algonquin...more

First Circuit Vacates Air Permit Due to Inadequate BACT Analysis

On June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by...more

BREAKING: Senate Confirms FERC General Counsel James Danly as Commissioner

The Senate yesterday confirmed James Danly for FERC Commissioner, voting in favor of the Republican nominee, 52–40. ...more

BREAKING: James Danly’s Nomination for FERC Commissioner Heads to the Senate

On March 3, 2020, FERC General Counsel James Danly’s nomination for FERC Commissioner passed out of the U.S. Senate Energy and Natural Resources Committee’s business meeting with a recorded vote of 12-8 in support....more

James Danly Renominated as FERC Commissioner

The White House has renominated James Danly to serve as Commissioner of the Federal Energy Regulatory Commission (FERC). Danly, a Republican, currently serves as FERC’s general counsel. ...more

FERC Commissioner Bernard McNamee Won’t Seek Renomination

Yesterday at FERC’s open meeting, Commissioner Bernard McNamee announced that he will not seek renomination once his term expires on June 30, 2020. He stated that he will stay until his successor is selected, so that the...more

NEPA Overhaul? CEQ Proposes Significant Changes to Federal Environmental Review

The Council on Environmental Quality (CEQ), a division of the Executive Office of the President, today published in the Federal Register a Notice of Proposed Rulemaking that would make significant changes to its regulations...more

James Danly Nomination for FERC Commissioner Returned

On January 3, 2020, James Danly’s nomination for Commissioner of the Federal Energy Regulatory Commission (FERC) was returned to the White House for renomination, due to the Senate’s failure to confirm or reject the...more

FERC General Counsel James Danly Nominated FERC Commissioner

On September 30, 2019, President Trump nominated James Danly, the current FERC General Counsel, to serve as a Republican Commissioner on FERC, with a term ending in 2023. Danly would fill the seat vacated by the passing of...more

Energy Associations Call for More Transparency and Efficiency at FERC Enforcement

On June 19, 2019, a group of natural gas and power trade associations filed a white paper with the Federal Energy Regulatory Commission (FERC) calling for more transparent and efficient enforcement investigations by the...more

Breaking: Bernard McNamee Confirmed as FERC Commissioner

The U.S. Senate voted 50-49 to confirm Bernard McNamee as a FERC commissioner, restoring the Commission to full strength and Republicans’ 3-2 majority. ...more

McIntyre Steps Aside As FERC Chairman; Chatterjee Appointed

Late Wednesday evening, FERC Chairman Kevin McIntyre tendered his resignation as FERC Chairman due to health reasons. He will continue to serve as a Commissioner. ...more

FERC Commissioner Rob Powelson Announces Departure

Last week, Commissioner Rob Powelson announced that he will be leaving the Federal Energy Regulatory Commission (FERC) in mid-August to become the President and CEO of the National Association of Water Companies. ...more

Respondents in FERC v. Powhatan Energy Fund, LLC To Receive “Trial De Novo”

On December 28, 2017, the U.S. District Court for the Eastern District of Virginia issued an opinion finding that a “trial de novo governed by the Federal Rules of Civil Procedure and the Federal Rules of Evidence” shall be...more

Court In FERC V. Barclays Bank PLC Interprets Statute Of Limitations Applicable To FERC Enforcement Actions

In Federal Energy Regulatory Commission v. Barclays Bank PLC, et al. (Barclays Bank), the U.S. District Court for the Eastern District of California (the court) has granted a motion for judgment on the pleadings of defendant...more

FERC Quorum Restored, New Chairman Named

On August 4, the Senate confirmed Neil Chatterjee and Robert Powelson as FERC Commissioners. Commissioner Chatterjee was sworn in on August 8 and Commissioner Robert Powelson was sworn in today, August 10....more

Senate Confirms FERC Nominees

The Senate voted last week to confirm the nominations of Neil Chatterjee and Robert Powelson to fill two of the four Commissioner vacancies in FERC leadership. The nominations were approved by the full Senate, on a voice...more

Trump to Nominate Kevin McIntyre as FERC Chairman

Last week, President Donald Trump announced his intention to nominate Republican Kevin J. McIntyre to be the Chairman of the Federal Energy Regulatory Commission (FERC). FERC has been operating without a quorum since the...more

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