News & Analysis as of

Natural Gas National Environmental Policy Act

Energy Insider Interview Series: Don Santa, President & CEO of the Interstate Natural Gas Association of America

1. I know it brought on a long-awaited sigh of relief for INGAA members when the Senate finally confirmed two additional FERC commissioners in November, providing the regulatory body with a full complement of officials for...more

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

by Latham & Watkins LLP on

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

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

by Blank Rome LLP on

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

NY Seizes on Recent D.C. Circuit Decision to Deny Pipeline Permits

by Pepper Hamilton LLP on

The U.S. Court of Appeals for the D.C. Circuit’s recent decision in Sierra Club v. FERC (Southeast Market Pipelines Project), No. 16-1329 (D.C. Cir. 2017), has already had an impact on the natural gas industry and resulted in...more

Oil And Gas Update For Week Ending 9/8/2017 – Pipeline Projects Dodge Several Roadblocks; DRBC Plans Ban Of Hydraulic Fracturing...

by Cozen O'Connor on

It’s been a relatively quiet week since our last report. Natural gas spot prices in Appalachia took a nose dive amidst only modest increases in the Henry Hub and the rig count. In Appalachia, a federal judge denied a bid to...more

Oil And Gas Update For Week Ending 9/1/2017 – Hurricane Harvey Drives Oil, Nat Gas Prices Up And Down; PADEP Releases 2015 Methane...

by Cozen O'Connor on

After a brief hiatus we are back at the well. Since our last report in early August, Hurricane Harvey ravaged southeastern Texas, affecting oil, natural gas, and gasoline prices all over the country. In Appalachia, the PADEP...more

DC Circuit Rules that FERC Must Consider Global Warming in Approving New Natural Gas Pipelines

by Snell & Wilmer on

The United States has one of the most extensive natural gas pipeline networks in the world. This vast network enables the ongoing switch away from coal-fired generation and toward a renewables and natural gas-based electric...more

FERC Failed to Adequately Consider Environmental Impacts of Downstream GHG Emissions Under NEPA Says D.C. Circuit

by Perkins Coie on

The U.S. Court of Appeals for the District of Columbia last week vacated and remanded a 2016 Order by the Federal Energy Regulatory Commission that had authorized construction and operation of the Southeast Market Pipelines...more

Currents - Energy Industry Insights - August 2017

Welcome to Spilman Thomas & Battle's weekly energy news e-blast - Currents. The purpose of this communication is to provide a synopsis of the top news stories for the week, but with a twist. We recognize that you may already...more

DC Circuit: FERC’s EIS For Southeast Market Pipelines Project Is Deficient

On Tuesday, the U.S. Court of Appeals for the DC Circuit, in the case of Sierra Club, at al., v. FERC, rejected most of the arguments made against the Federal Energy Regulatory Commission’s (FERC) decision to approve the...more

DC Circuit Again Shuts Down Sierra Club’s Challenges to LNG Export Licenses

On August 15, the U.S. Court of Appeals for the D.C. Circuit decided the case of Sierra Club v. U.S. Department of Energy. The Sierra Club challenged the U.S. Department of Energy’s (DOE) grant of a license to export...more

FERC’s Certificate Order Did Not Violate CWA Sequencing Requirements

Many large and complicated construction projects require the issuance of several differed permits having different requirements. Courts strive to interpret their requirements in a rational and reasonable manner. On May 23,...more

A Closer Look at President Trump's Executive Order on Energy Independence

by Holland & Knight LLP on

President Donald Trump's Executive Order (EO) entitled "Promoting Energy Independence and Economic Growth" is a broad directive accomplishing a number of the Trump Administration's energy-related priorities....more

Oil and Gas Update for 4/2017 – MD Bans Hydraulic Fracturing, OH DMA Cases Keep Trickling In, and Spot Prices Pull a Hat Trick in...

by Cozen O'Connor on

All three benchmarks for natural gas spot prices in Appalachia hit $3/MMBtu or more since our last report (and did so for the first time in a long time), trending alongside a spike in oil prices following the Syrian airstrike...more

Executive Order Seeks Sweeping Reversal of Climate Change Policies to Favor U.S. Energy Production

by Perkins Coie on

President Donald Trump recently signed Executive Order 13783, an omnibus executive order aimed at reducing burdens on further development of domestic energy resources, with “particular attention” to oil, natural gas, coal and...more

Energy Infrastructure Projects Still Face Challenges after Trump Administration Executive Orders

The Trump administration promises to streamline the regulatory process, dismantle burdensome regulations, and promote domestic job growth. On January 24, 2017, President Trump issued an executive order and four presidential...more

Forecast for Energy and Environment Regulations

by Holland & Knight LLP on

President-Elect Donald Trump has promised to bring back jobs in the coal industry and reduce regulations that could inhibit economic growth. His transition team has already begun arriving at federal agencies to review the...more

Dakota Access Pipeline: Down but Not Out

by McGuireWoods LLP on

On Dec. 4, 2016, the U.S. Army Corps of Engineers announced that it will not decide on Dakota Access LLC’s easement application until the Corps prepares an environmental impact statement. The decision is significant in that...more

DC Circuit Denies Petitions to Review Non-Export-Related Environmental Consequences of FERC Action

Two recently issued decisions are important because they clarify how the formidably complex legal structure affecting a growing American business—the export of liquefied natural gas (LNG) –will be interpreted by the one...more

D.C. Circuit Upholds FERC’s NEPA Analysis in Sabine Pass and Freeport LNG Projects

On June 28, 2016, the U.S. Court of Appeals for the District of Columbia Circuit rejected two related challenges to the Federal Energy Regulatory Commission’s environmental review of the Sabine Pass LNG and Freeport LNG...more

House and Senate LNG Provisions Go to Conference

by King & Spalding on

On April 20, the Senate passed a broad-based energy bill, the Energy Policy Modernization Act (S. 2012), and set the stage for a conference between House and Senate leaders to compromise on the policy differences between...more

Timing Is (Almost) Everything: FERC Implements D.C. Circuit Guidance on NEPA Review of Multiple Pipeline Construction Projects

by McDermott Will & Emery on

In the wake of two recent D.C. Circuit decisions, the Federal Energy Regulatory Commission (FERC) has begun to implement its new policy concerning the review of natural gas pipeline construction proposals under the National...more

Federal Energy Legislative Update

by Kelley Drye & Warren LLP on

There has been recent action in Congress on issues important to the oil and gas industry. This post provides an overview of the major energy-related bills in Congress. H.R. 538, the Native American Energy Act – On...more

D.C. District Court Judge Chastises the Department of the Interior, Ordering It to Deliver a Plan on a BLM Drilling Permit, After...

by BakerHostetler on

On July 27, 2015, D.C. District Court Judge Richard J. Leon entered a strongly worded order in Solenex LLC v. Jewell, chastising the defendants, including the Department of the Interior and numerous other federal agencies,...more

Hydraulic Fracturing: State Regulatory Roundup Vol. 42

by Kelley Drye & Warren LLP on

Fracking Insider Readers: We are pleased to bring you Volume 42 of our State Regulatory Roundup, including updates in Maryland, Texas, and Wyoming. As we explained in earlier volumes, we designed the Roundup to provide quick...more

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