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
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
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
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
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
7/7/2020
/ Administrative Hearings ,
Administrative Orders ,
Appeals ,
Certificate of Public Convenience and Necessity ,
Construction Project ,
Eminent Domain ,
FERC ,
Judicial Review ,
Land Owners ,
Natural Gas Act ,
Pipelines ,
Tolling
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
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
6/12/2020
/ Comment Period ,
Energy Policy ,
Energy Projects ,
Natural Gas ,
Notice of Proposed Rulemaking (NOPR) ,
Oil & Gas ,
PHMSA ,
Pipelines ,
Regulatory Burden ,
Regulatory Requirements ,
Reporting Requirements
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
6/12/2020
/ Air Pollution ,
Department of Environmental Protection ,
Energy Projects ,
Infrastructure ,
Natural Gas ,
Oil & Gas ,
Permits ,
Pipelines ,
State and Local Government ,
Supply Shortages ,
Vacated
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
The Senate yesterday confirmed James Danly for FERC Commissioner, voting in favor of the Republican nominee, 52–40. ...more
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
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
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
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
1/13/2020
/ CEQ ,
Comment Period ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Environmental Review ,
Executive Orders ,
Greenhouse Gas Emissions ,
Infrastructure ,
NEPA ,
NPRM ,
Public Comment ,
Public Hearing ,
Trump Administration
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
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
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
7/5/2019
/ Cooperative Compliance Regime ,
Enforcement Actions ,
Enforcement Authority ,
Federal Power Act ,
FERC ,
Investigations ,
Natural Gas ,
Policies and Procedures ,
Rulemaking Process ,
Statute of Limitations ,
Transparency Directive
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
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
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
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
1/3/2018
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Anti-Manipulation Rule ,
Civil Monetary Penalty ,
Discovery ,
Discovery Disputes ,
Disgorgement ,
Evidence ,
Federal Power Act ,
Federal Rules of Civil Procedure ,
Federal Rules of Evidence ,
FERC ,
Judicial Review ,
Policy Violations ,
Standard of Review ,
Trial de Novo
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
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
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
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