News & Analysis as of

Infrastructure Jurisdiction

Troutman Pepper Locke

FERC Denies NGO Transmission, Inc.’s Application to Abandon Jurisdictional Facilities

Troutman Pepper Locke on

On April 24, 2025, FERC denied NGO Transmission, Inc.’s (“NGO Transmission”) application under 7(b) of the Natural Gas Act (“NGA”) to abandon its jurisdictional facilities and reclassify them from jurisdictional transmission...more

Jones Day

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

Jones Day on

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

Kelley Drye & Warren LLP

Kansas Seeks to Stop Ford County From ​“Usurping” its Sovereignty

In January, Ford County, Kansas joined a class action complaint filed in Missouri against eleven plastics manufacturers, seeking to represent ​“all persons or entities” in 35 states who purchased relevant plastics since 1990....more

Troutman Pepper Locke

Petitioners Seek FERC Clarification Regarding Jurisdiction Over Proposed Storage-Based Transmission Project Between Puerto Rico...

Troutman Pepper Locke on

On February 10, 2025, Pluvia LLC (“Pluvia”) filed a petition for a declaratory order, asking FERC to clarify its jurisdiction to issue a preliminary permit for the construction, operation, and maintenance of transmission...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

Cozen O'Connor

PA PUC Votes 3-2 to Regulate Landlords as Gas Pipeline Operators

Cozen O'Connor on

In a January 8, 2025, vote along party lines, the three Democratic Commissioners of the Pennsylvania Public Utility Commission (PA PUC or Commission), led by Chairman Stephen DeFrank, reversed nearly a decade of PA PUC...more

Pierce Atwood LLP

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

Pierce Atwood LLP on

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

Walkers

A Guide to Guernsey Investment Funds

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Guernsey has long been one of the world's premier jurisdictions for investment funds - There are a number of advantages for using Guernsey as a jurisdiction, including the wide variety of company and limited partnership...more

Bracewell LLP

The Reasonably Foreseeable Effects of Seven County Infrastructure Coalition

Bracewell LLP on

On December 10, 2024, the US Supreme Court heard oral argument in Seven County Infrastructure Coalition v. Eagle County, the first major National Environmental Policy Act (NEPA) case to reach the Supreme Court in nearly two...more

IR Global

The Abu Dhabi Global Market: A Strategic Hub for International Business and Legal Services

IR Global on

The Abu Dhabi Global Market (ADGM), located in the capital of the United Arab Emirates (UAE), has emerged as one of the world's most important financial free zones. Established to foster financial and commercial activities,...more

Mintz

Whenever this Supreme Court agrees to review a 9th Circuit interpretation of a law, the outcome is nearly certain. This NEPA case...

Mintz on

This morning our nation's highest court agreed to hear an appeal by seven Utah Counties and a railroad company of a DC Circuit Court of Appeals decision. That DC Circuit decision revoked the Surface Transportation Board's...more

Bracewell LLP

Order No. 1920: Building for the Future Through Electric Regional Transmission Planning and Cost Allocation - Landmark Order...

Bracewell LLP on

On May 13, 2024, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a landmark final rule implementing transmission planning and cost allocation reforms intended to promote the more efficient and...more

Conyers

ReConnect Recap: 10 Takeaways from Cayman’s First Reinsurance Conference

Conyers on

The first dedicated reinsurance conference in the Cayman Islands was by every conceivable metric an incredible success. Hosted by CIRCA, close to 450 reinsurance professionals gathered at [Re]Connect to network and hear...more

Buchalter

U.S. Supreme Court Decision Impacts California Developers

Buchalter on

On April 12, 2024, the U.S. Supreme Court issued an important decision that may have major impacts on developers in California, although the degree of impact will depend on how lower courts interpret that decision. In Sheetz...more

Downs Rachlin Martin PLLC

Governor Scott and Tripartisan Group of Legislators Submit Ambitious Housing Bill

On January 10, Governor Scott and a tripartisan group of legislators presented H. 719, dubbed the BeHOME Act.  This bill may constitute the most ambitious reform effort to date to address Vermont’s inadequate housing supply...more

Davis Wright Tremaine LLP

FCC's Expansive New Rules Prohibiting "Digital Discrimination" in Broadband Access

On November 20, 2023, as required by Section 60506 of the Infrastructure Investment and Jobs Act of 2021 (Infrastructure Act), 47 U.S.C. § 1754, the Federal Communications Commission issued a Report and Order and Further...more

Akin Gump Strauss Hauer & Feld LLP

Bi-Partisan PHMSA Reauthorization Effort Underway

On December 6, 2023, the House Transportation and Infrastructure Committee approved the Promoting Innovation in Pipeline Efficiency and Safety Act of 2023 (PIPES or the Bill) to reauthorize the Pipeline and Hazardous...more

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

Murky Waters/Navigating a Post-Sackett World: Ranking Members/U.S. House of Representatives Committee on Transportation and...

Ranking members from both the United States House of Representatives Committee on Transportation and Infrastructure and Subcommittee on Water Resources and Environment prepared an analysis titled: Murky Water: Navigating...more

Gray Reed

Climate Litigation Update

Gray Reed on

You might recall our posts on litigation by states, counties, and cities blaming a host of calamities, real and imagined, past and future, on Big Oil. The producers tried their best to remove the cases to federal court. In a...more

White & Case LLP

EU General Court confirms European Commission's Article 22 EUMR referral policy

White & Case LLP on

On 13 July 2022, the General Court of the European Union confirmed the European Commission's jurisdiction to review the Illumina/Grail transaction following a referral pursuant to Article 22 EUMR. The judgment is an important...more

Gray Reed

Louisiana Coastal Zone Litigation Likely to Remain in Federal Court

Gray Reed on

In Plaquemines Parish et al. v. Chevron et al., the U. S. Fifth Circuit has ruled on whether 42 suits brought by six parishes and the Louisiana Attorney General against a number of oil companies belongs in federal court or...more

Wilson Sonsini Goodrich & Rosati

Key Takeaways from the New Proposed CFIUS Rules

On September 17, 2019, the Committee on Foreign Investment in the United States ("CFIUS" or the "Committee") published proposed rules (the "Proposals"). The Proposals would significantly expand CFIUS' jurisdiction but only...more

Akin Gump Strauss Hauer & Feld LLP

President Trump Declares National Emergency to Secure the Information and Communications Technology and Services Supply Chain

• On May 15, 2019, President Trump issued a long-awaited E.O. designed to curtail the use of telecommunications items and services from certain countries and persons in U.S. networks. The E.O. does not impose immediate...more

Nossaman LLP

STB Jurisdiction Over Intrastate Passenger Rail

Nossaman LLP on

In Florida, All Aboard Florida, a private entity, is about to launch passenger rail service from Miami to West Palm Beach, with future service extending to Orlando. In California, the California High-Speed Rail Authority is...more

Miller Starr Regalia

American Tower Corporation v. City of San Diego (2014): Further Guidance From The Ninth Circuit On The Regulation Of Data Towers...

Miller Starr Regalia on

The Ninth Circuit recently addressed cell phone tower issues in the matter of American Tower Corporation v. City of San Diego (2014) 763 F.3d 1035, affirming that a local government has a wide degree of discretion to regulate...more

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