News & Analysis as of

Infrastructure Pipelines

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

Snell & Wilmer

Eminent Domain Update: Fourth Circuit Upholds Landowner’s Right To Testify on Property Value and Splits With First Circuit on...

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The U.S. Court of Appeals for the Fourth Circuit recently announced two important rules in two eminent domain opinions. Both cases involved pipeline access easements that the condemnor properly took under the Natural Gas Act....more

Jones Day

PHMSA Issues Proposed Rule Seeking to Impose Enhanced Safety and Operational Requirements on Carbon Dioxide Pipelines

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On January 10, 2025, the Pipeline and Hazardous Materials Safety Administration ("PHMSA") issued a proposed rule setting forth revisions to the federal Pipeline Safety Regulations ("PSR") (49 C.F.R. Parts 190-99) to include...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

Akin Gump Strauss Hauer & Feld LLP

Unleashing Alaska’s Extraordinary Resource Potential

This EO establishes a policy to fully utilize Alaska's abundant natural resources. It directs federal agencies to rescind or revise restrictions, policies and environmental reviews implemented since January 2021 that limit...more

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

Citizen Suit Action/RCRA: Conservation Law Foundation Alleges Violations by Natural Gas Pipeline System

The Conservation Law Foundation, Inc. filed a citizen suit Complaint in the United States District Court of Massachusetts on November 12th alleging violations by the following: Besides the Conservation Law Foundation, the...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

Cozen O'Connor

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

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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

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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

Flaster Greenberg PC

Europe's Latest Energy Challenge - Expiring Russia/Ukraine Transit Agreement

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Despite being at war for almost three years, Russia has continued to ship natural gas via pipelines through Ukraine to other countries in Europe. That has kept money flowing to both countries, which helps as they try to kill...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

Jones Day

TSA Releases Proposed Rule to Enhance Pipeline and Railroad Cyber Risk Management

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The Transportation Security Administration's ("TSA") proposed rule would require owners and operators of certain pipeline, freight railroad, passenger railroad, rail transit, and over-the-road bus ("OTRB") systems to...more

K&L Gates LLP

Natural Gas Survives Election, Aims to Thrive Post-Election

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The November election results signal changes to energy policy at the state and federal levels. While it is not yet clear how these changes will develop in the months to come, one winner that appears to have emerged at the...more

Pillsbury - Gravel2Gavel Construction & Real...

When Every Drop Matters, Cities Turn to Watertech

We all need water to survive—but access to the liquid lifeline isn’t always a given. With a shifting climate and ever-increasing agricultural and industrial demands on this limited commodity, UNICEF predicts that by 2025,...more

Troutman Pepper Locke

D.C. Circuit Vacates FERC’s Approval of Transco’s Pipeline Expansion

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On July 30, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued an opinion vacating and remanding FERC’s order approving Transcontinental Gas Pipe Line Company’s (“Transco”)...more

K&L Gates LLP

D.C. Circuit Vacates New PHMSA Rules Related to Natural Gas Pipelines

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On 16 August 2024, the D.C. Circuit Court of Appeals issued an opinion vacating portions of new natural gas-related pipeline-safety standards promulgated by The Pipeline and Hazardous Materials Safety Administration (PHMSA),...more

Allen Matkins

California Environmental Law & Policy Update 8.09.24

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The city of Fresno announced this week that Shell USA, Dow Chemical, and other oil and chemical companies have agreed to pay the city $230 million to settle the city’s 2007 lawsuit against them for allegedly contaminating...more

Flaster Greenberg PC

If I Were Energy King For A Day

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During recent Senate hearings pertaining to energy and appointment made by the Biden administration to the United States Department of Energy, some of the most interesting questions have been asked by Senator John Kennedy of...more

Stinson LLP

Minnesota Enacts Sweeping Energy Legislation with Implications for Permitting, Transmission, and Decarbonization

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Minnesota Governor Tim Walz recently signed into law sweeping energy legislation designed to ease permitting burdens on renewable energy development and address interconnection and transmission congestion in the state (the...more

Mayer Brown

ANP Approves Regulatory Impact Analysis Report on Third Party Access to Essential Natural Gas Infrastructure

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On May 16, 2024, the Board of Directors of Brazil’s National Agency of Petroleum, Natural Gas and Biofuels (“ANP”) approved the Regulatory Impact Analysis Report (“AIR”) for the regulation of non-discriminatory and negotiated...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

Pillsbury Winthrop Shaw Pittman LLP

Revving Up: Eight States in Gear with Low-Carbon Fuel Standard Legislation

Eight states are currently considering legislation that would require reductions in the carbon intensity of transportation fuel sold in the state, which would substantially increase the demand for renewable fuel and...more

Gray Reed

How Exclusive is an “Exclusive” Pipeline Servitude?

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In ETC Tiger Pipeline LLC v. DT Midstream Inc. et al. it was not as exclusive as the servitude owner wanted it to be.    ...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

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