News & Analysis as of

Federal Energy Regulatory Commission Pipelines Infrastructure

Jones Day

D.C. Circuit Decision Underscores Jurisdictional Limits of FERC Project Reviews Under NEPA

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On January 7, 2025, the U.S. Court of Appeals for the D.C. Circuit issued a decision—Citizens Action Coalition of Indiana, Inc. v. Federal Energy Regulatory Commission, 125 F.4th 229 (2025) ("Citizens Action")—affirming...more

Houston Harbaugh, P.C.

Pennsylvania Court Concludes that Certain Sunoco Entities Did Not Have Eminent Domain Authority in Washington County for Mariner...

Houston Harbaugh, P.C. on

In a February 7, 2025 decision in Simon v. Sunoco Pipeline LP, No. 2015-3302 (Wash. Cty. February 7, 2025), the Court of Common Pleas of Washington County, Pennsylvania concluded that Sunoco Pipeline LP and Sunoco Logistics...more

Troutman Pepper Locke

D.C. Circuit Upholds FERC Order Requiring Stingray to Restore Service Before Abandoning Damaged Pipeline

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On December 20, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) upheld FERC’s order authorizing Stingray Pipeline Company, L.L.C. (“Stingray”) to abandon a portion of its...more

Pierce Atwood LLP

D.C. Circuit Court Again Addresses NEPA’s Scope

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On January 7, 2025, the U.S. Court of Appeals for the D.C. Circuit, in Citizens Action Coalition of Indiana v. FERC, rejected a National Environmental Protection Act (NEPA) and Natural Gas Act (NGA) challenge to FERC’s...more

Jones Day

Recent D.C. Circuit Decisions Urge FERC to Reconsider Its Analysis of Environmental Impacts for Natural Gas and LNG Projects

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In a series of recent orders, the D.C. Circuit has renewed its prodding of the Federal Energy Regulatory Commission ("Commission" or "FERC") to strengthen its environmental reviews of proposed pipeline projects. On July 30,...more

Akin Gump Strauss Hauer & Feld LLP

FERC Overrules Northern Natural and Finds it Does Not Need to Identify Whether a Natural Gas Project’s Greenhouse Gas Emissions...

On November 27, 2024, in Venture Global, CP2 LNG, LLC,1 the Federal Energy Regulatory Commission’s (FERC or Commission) explicitly overruled precedent set in Northern Natural Gas Co., a 2021 decision in which FERC made an...more

Troutman Pepper Locke

Senate introduces bipartisan legislation to give FERC retroactive refund authority under section 5 of the Natural Gas Act.

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On April 18, 2024, Senators Richard Blumenthal (D-CT) and Cindy Hyde-Smith (R-MS) introduced the Making Pipelines Accountable to Consumers and Taxpayers Act (“MPACT Act”) (S. 4171) that, if adopted, would grant FERC authority...more

Troutman Pepper Locke

FERC Initiates Inquiry into Capacity Allocation on Non-Contiguous Pipeline Segments

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On March 21, 2024, FERC issued a Notice of Inquiry (“NOI”) seeking additional information on whether the Commission should continue to allow interstate pipelines to package “high value” capacity with non-contiguous and...more

Troutman Pepper Locke

FERC Grants Certificate to Transco’s Texas to Louisiana Energy Pathway Project

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On January 18, 2024, FERC granted a certificate of public convenience and necessity to Transcontinental Gas Pipe Line Company, LLC (“Transco”) to construct and operate the Texas to Louisiana Energy Pathway Project (“Texas to...more

Troutman Pepper Locke

FERC Accepts Tennessee Gas Pipeline’s New PowerServe Rate Schedule and Authorizes Capacity Lease Agreement with Kinder Morgan

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On September 29, 2023, FERC approved Tennessee Gas Pipeline Company, L.L.C.’s (“TGP”) proposal to lease intrastate capacity from Kinder Morgan Texas Pipeline LLC (“Kinder Morgan”) to offer a new hourly transportation...more

Troutman Pepper Locke

D.C. Circuit Addresses Appeals of Rehearings Denied by Operation of Law

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In its May 26, 2023 opinion in Sierra Club v. Federal Energy Regulatory Commission, the United States Court of Appeals for the District of Columbia Circuit addressed challenges to its jurisdiction to hear appeals of...more

Troutman Pepper Locke

D.C. Circuit Finds FERC Failed to Justify Not Preparing a Supplemental EIS for Mountain Valley Pipeline

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On May 26, 2023, the United States Court of Appeals for the District of Columbia Circuit issued an opinion in Sierra Club v. Federal Energy Regulatory Commission largely denying challenges to several FERC orders authorizing...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights, Volume 6, Issue 12

● Offshore Oil and Gas at Risk of Potentially Catastrophic Cyberattack: GAO - “The industry includes about 1,600 offshore oil and gas facilities that are highly dependent on remotely connected operational technology, the...more

Bracewell LLP

Senate Considers FERC's Role in Hydrogen Pipeline Development

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Last week, the Senate Committee on Energy & Natural Resources (SENR) held a hearing on “Federal Regulatory Authorities Governing the Development of Interstate Hydrogen Pipelines, Storage, Import, and Export.” Chaired by...more

Jones Day

New NGL Pipeline and Renewable Generation Interconnection Settlements Highlight FERC's Expanded Enforcement Focus

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On June 24, 2022, FERC issued orders approving settlement agreements resolving two investigations. The first involves whether a renewable generation developer, sPower Development Company, violated PJM Interconnection LLC's...more

White & Case LLP

Summary of FERC Meeting Agenda for April 2022

White & Case LLP on

Below are summaries of the agenda items for the Federal Energy Regulatory Commission's April 21, 2022 open meeting, pursuant to the sunshine notice released on April 14, 2022....more

Mintz

FERC Chairman Glick's Job at Risk After Advancing Efforts to Combat Climate Change

Mintz on

The Federal Energy Regulatory Commission ("FERC"), which regulates the transmission and wholesale sale of electricity and natural gas, and also oversees the U.S. pipeline infrastructure, including the review process for...more

Flaster Greenberg PC

The Supreme Courts Pipeline Decision Shows DC Still Has Adults In The Room

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On Wednesday, June 29, the United States Supreme Court handed down one of its most important decisions in years. In the case of PennEast Pipeline Company, LLC v. New Jersey, et al., by a narrow 5-4 margin, the Court affirmed...more

Morgan Lewis - Power & Pipes

FERC Modifies Water Quality Certification Waiver Period for Gas Projects

FERC issued a final rule on March 18 amending its regulations to establish a one-year period for state agencies or other certifying authorities to act on requests for water quality certifications required for a certificate of...more

Morgan Lewis

FERC Focuses on Environmental Justice in Pipeline Certification Policy Statement

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The Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) on February 18 seeking new information and comments on whether it should revise its policy statement on the certification of new interstate...more

Morgan Lewis - Power & Pipes

Glick Brings Environmental Justice to the Forefront

FERC Chairman Richard Glick announced his plans on February 11 to better incorporate environmental justice and equity concerns into FERC’s decision making process. Improving the process for reviewing and determining the need...more

Flaster Greenberg PC

Supreme Court To Decide If Pipeline Builder Can Seize 42 Properties In New Jersey

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Last week, the United States Supreme Court agreed to hear ​the legal dispute that has stymied completion of the proposed $1 Billion PennEast Pipeline from the Marcellus Shale gas fields of Northeastern Pennsylvania to Central...more

Morgan Lewis

New Natural Gas Infrastructure Likely to Face Challenges During Biden Administration

Morgan Lewis on

Action, or in some cases inaction, by the Federal Energy Regulatory Commission (Commission or FERC) during its last open meeting before the start of the Biden administration sent a strong message to the natural gas industry...more

Pierce Atwood LLP

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

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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

Bricker Graydon LLP

FERC commissioners dispute natural gas project approvals

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On May 21, 2020, the Federal Energy Regulatory Commission (FERC) denied requests to reconsider the approval of two natural gas projects despite a commissioner’s concerns about the COVID-19 pandemic and decreasing demand for...more

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