News & Analysis as of

Administrative Procedure Act Pipelines

Goldberg Segalla

Appellate Court Vacates FERC’s Approval of $950M Natural Gas Pipeline Project

Goldberg Segalla on

Late last month, the U.S. Court of Appeals for the District of Columbia Circuit, in New Jersey Conversation Foundation, et al. v. FERC, unanimously vacated the Federal Energy Regulatory Commission’s (FERC) approval of the...more

Akin Gump Strauss Hauer & Feld LLP

DC Circuit Decision Opens Doors to Rate Increases by FERC-Regulated Oil, Liquids and Refined Products Pipelines

Interstate oil, liquid and refined products pipelines regulated by the Federal Energy Regulatory Commission (FERC) will soon be able to raise their transportation rates (provided they were set using FERC’s popular Index rate...more

Vinson & Elkins LLP

At DC Circuit, FERC Defends Oil Pipeline Index Rehearing Orders as the Result of Notice and Comment Process

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On October 25, 2023, the United States Court of Appeals for the District of Columbia Circuit heard the Liquid Energy Pipeline Association’s (“LEPA”) challenge to the Federal Energy Regulatory Commission’s (“FERC”) rulings,...more

Troutman Pepper

Mountain Valley Pipeline To Resume Construction After Supreme Court Vacates Fourth Circuit’s Order Halting Construction

Troutman Pepper on

On July 27, 2023, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fourth Circuit’s decision to grant the Wilderness Society’s motions to stay of construction on the Mountain Valley Pipeline (“MVP”) pending...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: An End-of-Year Environmental Update

As 2022 draws to a close, here is a brief description of recent environmental and regulatory law rulings, as well as new federal rulemaking proceedings....more

Holland & Knight LLP

TSA's Pipeline of Cybersecurity Requirements

Holland & Knight LLP on

The Transportation Security Administration (TSA) on July 20, 2021, reversed two decades of pipeline cybersecurity policies. Having previously advocated for voluntary pipeline cybersecurity standards, the TSA quickly issued...more

Cozen O'Connor

Republican AGs Press Biden Administration On Expanding Energy Infrastructure

Cozen O'Connor on

A group of 19 Republican AGs, led by Montana AG Austin Knudsen, wrote a letter to President Joe Biden urging him to support additional energy infrastructure in the wake of the Colonial pipeline shutdown...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oil and Gas Pipeline Construction: Environmental Organizations File Judicial Challenge to U.S. Corps of Engineers Nationwide...

The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps...more

Vinson & Elkins LLP

Navigating The Transition: Key Midstream Issues To Watch In The Biden Administration

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News stories and campaign rhetoric frequently create expectations of immediate shifts following an administration change, but most changes in the federal government happen slowly, and the constraint on resources and time...more

King & Spalding

Climate Change Litigation on the Horizon with Trump Environmental Overhaul

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On July 16, 2020, President Trump’s Council on Environmental Quality (“CEQ”) published the long-awaited final rule revising the implementing regulations for the National Environmental Policy Act (“NEPA”). 85 Fed. Reg. 43,304...more

Eversheds Sutherland (US) LLP

Update on recent US sanctions developments - Nord Stream 2 sanctions and Exxon Mobil decision

This briefing is intended to provide an update on two recent developments under the US sanctions regime. ..The first one is the introduction of US sanctions related to the Nord Stream 2 pipeline project, which threaten to...more

White & Case LLP

White House Proposes Significant Rollbacks to the National Environmental Policy Act

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The Trump administration proposed rules intended to speed up approval of major projects subject to the National Environmental Policy Act (NEPA), such as pipelines, power facilities, mines, highways, and other public...more

WilmerHale

Environmental Litigation Alert: Citizen Suits Challenge Rollbacks, Replacements and Project Approvals

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This is the eighth issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the course of 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from...more

Perkins Coie

FERC Failed to Adequately Consider Environmental Impacts of Downstream GHG Emissions Under NEPA Says D.C. Circuit

Perkins Coie on

The U.S. Court of Appeals for the District of Columbia last week vacated and remanded a 2016 Order by the Federal Energy Regulatory Commission that had authorized construction and operation of the Southeast Market Pipelines...more

McGuireWoods LLP

Dakota Access Pipeline: Down but Not Out

McGuireWoods LLP on

On Dec. 4, 2016, the U.S. Army Corps of Engineers announced that it will not decide on Dakota Access LLC’s easement application until the Corps prepares an environmental impact statement. The decision is significant in that...more

Morgan Lewis

DC Circuit Ruling Threatens to Topple FERC Tax Allowance Policy

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Court rules that FERC policy permitting a tax allowance for pass-through entities may unjustifiably permit “double-recovery” of tax expense. On July 1, the US Court of Appeals for the District of Columbia Circuit issued...more

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