News & Analysis as of September 23, 2024

Clean Water Act › Natural Gas Act

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The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination. The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -

Final Water Quality Certification Rule Published

Holland & Knight LLP on 4/5/2021

On March 29, 2021, the Federal Energy Regulatory Commission (FERC) published its Final Rule regarding Waiver of the Water Quality Certification Requirements of Section 401(a)(1) of the Clean Water Act in the Federal Register...more

Second Circuit Enforces the Clean Water Act Section 401 One-Year Time Limit

Troutman Pepper on 4/2/2021

On March 23, the Second Circuit issued its opinion in N.Y. Dep’t of Enviro. Conservation v. FERC, Case No. 19-1610 (i.e., the “Empire Pipeline” case). The case concerns the Federal Energy Regulatory Commission’s (FERC or...more

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

Vinson & Elkins LLP on 1/20/2021

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

Energy Commission Proposes Water Quality Certification Practices for Pipelines, Natural Gas Projects

Holland & Knight LLP on 10/20/2020

On Oct. 19, 2020, the Federal Energy Regulatory Commission (FERC) filed a Notice of Proposed Rulemaking in the Federal Register to start the 30-day comment period on its draft rule, which was published on the FERC website on...more

FERC Proposes to Modify Water Quality Certification Waiver Period for Natural Gas Projects

Troutman Pepper on 9/17/2020

On September 9, 2020, FERC issued a Notice of Proposed Rulemaking (“NOPR”) proposing updated regulations that will establish a one-year period for state agencies or other certifying authorities (“Certifying Agencies”) to act...more

Energy Infrastructure Today: Permitting & FERC Case Law Updates

Blank Rome LLP on 6/18/2020

Stakeholders in the U.S. infrastructure industry should note that ongoing litigation and new court decisions issued in the first half of 2020 are reshaping the development of energy projects....more

Should FERC Have Exercised Jurisdiction Over an Intrastate Pipeline Segment?: D.C. Court of Appeals Decision

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/17/2018

The D.C. Circuit Court of Appeals (“Court”) in a July 17th opinion addressed a challenge to two Federal Energy Regulatory Commission (“Commission”) Orders authorizing facilities to export natural gas from the United States to...more

Second Circuit: FERC’s And State Agency’s Interpretations Of CWA Are Not Entitled To Chevron Deference

Pillsbury - Gravel2Gavel Construction & Real... on 3/15/2018

On March 12, the U.S. Court of Appeals for the Second Circuit issued a decision interpreting Clean Water Act (CWA) Section 401 and the Federal Regulatory Energy Commission’s (FERC) permitting authority, which may have settled...more

Section 401 Water Quality Certification/Clean Water Act: Federal Energy Regulatory Commission Rejects Pipeline's Waiver Argument

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/15/2018

The Federal Energy Regulatory Commission (“FERC”) issued an Order on Petition for Declaratory Order (“Order”) addressing Constitution Pipeline Company, LLC’s (“Constitution”) January 11th Petition for Declaratory Order...more

FERC’s Certificate Order Did Not Violate CWA Sequencing Requirements

Pillsbury - Gravel2Gavel Construction & Real... on 6/6/2017

Many large and complicated construction projects require the issuance of several differed permits having different requirements. Courts strive to interpret their requirements in a rational and reasonable manner. On May 23,...more

Third Circuit Rejects Challenges to State Environmental Permits for Transco’s Pipeline Expansion Project

Pillsbury - Gravel2Gavel Construction & Real... on 8/10/2016

On August 8, the U.S. Court of Appeals for the Third Circuit released an opinion rejecting several challenges to environmental permits and authorizations granted by environmental regulatory agencies in New Jersey and...more

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Clean Water Act › Natural Gas Act

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