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Federal Energy Regulatory Commission Pipelines National Environmental Policy Act

Akin Gump Strauss Hauer & Feld LLP

This Week’s Climate Policy Update - May 2024 #4

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

Pillsbury Winthrop Shaw Pittman LLP

Hydrogen Industry Gets New Opportunity to Comment on FERC Pipeline Approval Policy

The Federal Energy Regulatory Commission has reopened the comment period for its natural gas infrastructure policy statements, giving the hydrogen industry a chance to champion policies that could promote hydrogen...more

Foley Hoag LLP - Environmental Law

The D.C. Circuit Again Requires FERC to Consider the Environmental Impacts of Downstream Use of Gas: How Big a Deal Is It?

Last week, the District of Columbia Court of Appeals again rejected a FERC NEPA review for failure to assess the climate impacts resulting from the downstream use of natural gas supplied by a gas pipeline upgrade project...more

Hogan Lovells

FERC changes the game for the natural gas pipeline industry

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At the Federal Energy Regulatory Commission’s (“FERC” or the “Commission”) meeting held on February 17, 2022, FERC announced sweeping changes to its guidance for the certificate process for interstate natural gas pipeline...more

Pierce Atwood LLP

FERC Issues Two Controversial Policy Statements on Natural Gas Infrastructure

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On February 18, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two controversial policy statements that will significantly impact the permitting and construction of new natural gas pipeline...more

Husch Blackwell LLP

FERC Updates Gas Pipeline Certificate Policy Statement and Issues Interim Policy Statement on GHG Emissions

Husch Blackwell LLP on

On February 17, 2022, the Federal Energy Regulatory Commission issued an updated policy statement on the certification of new interstate natural gas facilities (Updated Policy Statement). This Updated Policy Statement...more

Beveridge & Diamond PC

D.C. Circuit Rejects FERC’s Analysis of Greenhouse Gas Emissions and Environmental Justice Issues for Texas LNG Facilities

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On August 3, 2021, the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) rejected the Federal Energy Regulatory Commission’s (FERC) environmental analysis of a group of Liquified Natural Gas (LNG)...more

Akin Gump Strauss Hauer & Feld LLP

FERC Revisits Natural Gas Certificate Policy Statement to Elevate Climate Change

On February 18, 2021, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Notice of Inquiry (NOI) seeking “new information and additional stakeholder perspectives” on potential revisions to its policy...more

Eversheds Sutherland (US) LLP

FERC gas pipeline certificate NOI signals shift at FERC under new Administration

On February 18, 2021, the Federal Energy Regulatory Commission (FERC or Commission) issued a supplemental Notice of Inquiry (February 2021 NOI) seeking additional comments on whether and how it should revise its approach...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

Perkins Coie

Commissioners’ No Votes Speak Volumes About Upcoming Issues Facing FERC

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The Federal Energy Regulatory Commission held its first monthly meeting of 2021 on January 19, welcoming new Commissioner Mark Christie to his first meeting and taking on a packed agenda. Some attention has already been paid...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

White & Case LLP

Summary of FERC Meeting Agenda for September 2020

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s September 17, 2020 meeting, pursuant to the agenda as issued on September 10, 2020. Due to COVID-19 and measures undertaken by...more

Troutman Pepper

GAO Calls on PHMSA to Update LNG Regulations

Troutman Pepper on

The Government Accountability Office (GAO), an agency that conducts audits, evaluations, and investigations for the United States Congress, issued a report titled “Natural Gas Exports: Updated Guidance and Regulations Could...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 28, July 2020

Chevron’s Patience Pays Off with Bargain Deal for Noble Energy - "Like Anadarko, Noble is also a major player in the oil-rich DJ Basin of Colorado, as well as the oil-rich southwestern piece of the Eagle Ford Shale region." ...more

Sullivan & Worcester

Greenhouse Gas Quantification Under FERC’s Pipeline Certification Process

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Since our last article discussing the way in which the Federal Energy Regulatory Commission ("FERC" or "the Commission") considers greenhouse gas (GHG) emissions and climate impacts in the pipeline certification process, the...more

Sheppard Mullin Richter & Hampton LLP

D.C. Circuit Says NEPA Requires FERC To Inquire Into Up and Downstream Effects of Pipeline Project

In a recent opinion, the D.C. Circuit suggested the Federal Energy Regulatory Commission (FERC) must attempt to obtain information necessary to evaluate the environmental effects of a proposed interstate pipeline project due...more

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

Proposed Upgrades to Two New England Natural Gas Pipeline Systems Upgrades: D.C. Circuit Court of Appeals Addresses Challenge to...

The United States Court of Appeals (District of Columbia Circuit) (“Court”) in a December 27th Judgment addressed an appeal of the Federal Energy Regulatory Commission (“FERC”) approval of proposed upgrades to two New England...more

Sullivan & Worcester

FERC Continues to Forge Its Own Path in Considering Climate Impacts in Pipeline Applications

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Among other responsibilities, the Federal Energy Regulatory Commission ("FERC" or "the Commission") approves and issues construction certificates for interstate gas pipelines and related infrastructure under section 7 of the...more

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

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

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

Pillsbury - Gravel2Gavel Construction & Real...

A Trio of Environmental Decisions from the Fourth Circuit

Within the past few weeks, the U.S. Court of Appeals for the Fourth Circuit has issued some very significant rulings regarding the construction of new natural gas pipelines. ...more

Blank Rome LLP

Pipeline Update: Here Today, Gone Tomorrow? FERC’s Natural Gas Pipeline Greenhouse Gas Analysis Policy

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The Republican majority of the Federal Energy Regulatory Commission (“FERC” or “Commission”) has drawn a clear distinction with how and when the Commission will analyze upstream and downstream greenhouse gas (“GHG”) emissions...more

King & Spalding

FERC Order Announces Policy Shift To Limit Environmental Review in Pipeline Certification Decisions

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Announcing an unexpected policy shift, the Federal Energy Regulatory Commission (FERC) issued an Order on May 18, 2018, limiting its analysis of upstream and downstream greenhouse gas (GHG) emissions in its environmental...more

Latham & Watkins LLP

Clean Water Act Challenges to Pipeline Development: Recent Litigation and Key Issues

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Pipelines delayed as certain states and environmental groups pursue CWA and NEPA challenges to FERC Natural Gas Act Authorizations. Key Points: - FERC extends Millennium’s Valley Lateral Pipeline Project construction...more

Blank Rome LLP

FERC Responds Quickly and Decisively to D.C. Circuit Remand in Sabal Trail Matter on Downstream GHG Analysis

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The Federal Energy Regulatory Commission (“FERC”) weighed in rapidly and decisively on the Sabal Trail (a/k/a Southeast Market Pipelines or “SMP Project”) case that the D.C. Circuit remanded to it on August 22, 2017. As...more

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