Cannabis Law Now Podcast: The ‘CannaBoies' Lawsuit and Why it Matters
A Path Toward Legalizing Interstate Cannabis Sales? Analyzing California Senate Bill 1326
Law School Toolbox Podcast Episode 298: Listen and Learn -- The Dormant Commerce Clause
Subro in Seconds VLOG - Carmack Amendment
Podcast: South Dakota v. Wayfair
Federal Economic Espionage Act Overview
Interstate oil, liquid and refined products pipelines regulated by the Federal Energy Regulatory Commission (FERC) will soon be able to raise their transportation rates (provided they were set using FERC’s popular Index rate...more
The Supreme Court issued 58 opinions in the October 2022 Term. Rulings in several cases will affect the practice of regulatory and administrative law either directly or indirectly, as is recounted below. Before the Court...more
Effective July 1, 2023, oil and liquids pipelines regulated by the Federal Energy Regulatory Commission (FERC) and charging so-called “index” rates will be able to increase their rates by over 13 percent. FERC announced this...more
On December 15, 2022, the Federal Energy Regulatory Commission (FERC) voted to issue a Proposed Policy Statement on Oil Pipeline Affiliate Committed Service (the “Proposed Policy Statement”) in a new docketed proceeding in...more
After a five-year wait, the Federal Energy Regulatory Commission (FERC) has denied rehearing of its 2017 order in Magellan Midstream Partners, L.P., 161 FERC ¶ 61,219 (2017) (Magellan) that declared Magellan Midstream...more
A coming wave of planned carbon sequestration projects related to the production of blue hydrogen and climate change remediation may force the Surface Transportation Board (STB) to clarify whether it has jurisdiction over the...more
This has probably been the biggest year for hydrogen so far. Momentum is growing faster than ever behind the idea that hydrogen will play a crucial role in decarbonizing our economy....more
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
The Alabama Tax Tribunal held the taxpayers’ wholesale sales of fuel that entered and exited the state via the Colonial Pipeline were subject to the state’s wholesale oil license fee. The sales in question were made to...more
Minerva Surgical, Inc. v. Hologic, Inc., No. 20-440: In the late 1990s, Csaba Truckai invented and patented a device to treat abnormal uterine bleeding. Truckai assigned his interest to his company, Novacept, which in turn...more
State AGs in the News- Governor Newsom Nominates Rob Bonta for California Attorney General- •Governor Gavin Newsom nominated California Assemblyman Rob Bonta to replace Xavier Becerra as California AG. Bonta’s...more
When President Biden takes office on January 20, among the many other obstacles, issues and problems that he will need to deal with is an impending polar vortex that meteorologists now predict will descend upon the United...more
On October 15, 2020, FERC issued a notice of proposed policy statement (“Proposed Policy Statement”) with proposed guidance for oil pipeline carriers to demonstrate through tariff filings or declaratory order petitions that...more
Judge Woodcock of the U.S. District Court in Portland, finding that the South Portland’s Clear Skies Ordinance (the Ordinance) was neither a “preempted pipeline facility safety standard or a discriminatory ordinance enacted...more
The Federal Energy Regulatory Commission (FERC) has issued a Notice of Inquiry (NOI) initiating a review of FERC’s 1999 Policy Statement on the certification of new natural gas transportation facilities (Policy Statement)....more
Airlines for America and the National Propane Gas Association (“Petitioners”) filed a Petition for Rulemaking on February 1, 2018, asking the Federal Energy Regulatory Commission (“FERC”) to extend its affiliate Standards of...more
In an unexpected shake up in the oil pipeline industry, the Federal Energy Regulatory Commission (“FERC” or “Commission”) recently declined to approve an oil pipeline’s proposal to have its marketing affiliate obtain its...more
The Federal Energy Regulatory Commission (FERC) has issued an Advance Notice of Proposed Rulemaking (ANOPR). This ANOPR is seeking comments on potential changes to FERC’s policies for evaluating interstate oil pipeline...more
On October 20, 2016, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an advanced notice of proposed rulemaking (“ANOPR”) seeking comments on potential revisions to (1) the Commission’s policies for...more
Court rules that FERC policy permitting a tax allowance for pass-through entities may unjustifiably permit “double-recovery” of tax expense. On July 1, the US Court of Appeals for the District of Columbia Circuit issued...more
Post-production costs deducted from gas royalties, such as interstate transportation charges and marketing costs, must be incurred while a producer still holds title to the gas....more
The owner of 33 BCF of gas cant’ just stuff it in his pocket and move it county-to-county to avoid taxes. So, the question: Is gas in storage subject to ad valorem tax on personal property? The Harris County Appraisal...more
On December 31, 2013, the Federal Energy Regulatory Commission (“FERC”), in a case of first impression, confirmed its jurisdiction over and its intention to regulate the economic and operational aspects of the interstate...more