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National Environmental Policy Act Oil & Gas Energy Projects

K&L Gates LLP

Carbon Quarterly – Volume 9

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Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

Womble Bond Dickinson

Addressing Inefficiencies in the Energy Sector: The Proposed Energy Permitting Reform Act of 2024

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The permitting process has been identified by numerous commentators as a major cause of delays in the development of energy, infrastructure, and mining projects in the United States. ...more

Gray Reed

Texas Deepwater Port Survives Legal Challenge

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In Citizens for Clean Air & Clean Water in Brazoria County et al v. United States Department of Transportation et al., several environmental groups challenged the DOT’s approval of a license for commercial construction and...more

Akin Gump Strauss Hauer & Feld LLP

Environmental Justice Community Impacts Take Center Stage at FERC

Energy industry watchers are waiting to see whether environmental or industry groups will appeal a pair of decisions issued by the Federal Energy Regulatory Commission (FERC) on April 21, 2023, that addressed the impacts of...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

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

Nossaman LLP

On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate

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Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...more

Nossaman LLP

[Webinar] Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate - June 15th, 11:00 am - 12:30 pm...

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Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...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 - Power & Pipes

The Hits Keep Coming: DC Circuit Vacates Dakota Access Pipeline’s Federal Easement

It’s been a difficult several days for the oil industry. First, the Biden administration revoked the border-crossing permit for the Keystone XL pipeline on January 20. Another executive order, among other things, directed the...more

Nossaman LLP

[Webinar] Adapting Your Linear Infrastructure Projects to Changing Regulatory Frameworks - July 30th, 11:00 am - 12:30 pm PT

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Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges in recent months. Some of these challenges stem from changes in...more

Bricker Graydon LLP

Army Corps asks U.S. Supreme Court to stay vacatur and injunction of NWP12, pending appeal

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Update June 17, 2020: On June 15, 2020, the U.S. Army Corps of Engineers filed an application to the U.S. Supreme Court for a stay of the April 15, 2020, order (amended May 11, 2020) issued by the U.S. District Court of...more

Nossaman LLP

Nationwide Permit 12 (NWP 12) Vacated on ESA Grounds

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On April 15, 2020, the U.S. District Court for the District of Montana issued an order that could impact energy and development projects across the United States. The court granted partial summary judgment in favor of...more

Hogan Lovells

Supreme Court to review important pipeline decision

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On October 4, 2019, the Supreme Court granted review of a Fourth Circuit decision that rejected U.S. Forest Service authorization of a $7 billion natural gas pipeline. See Cowpasture River Pres. Assn v. Forest Service, 911...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

Akin Gump Strauss Hauer & Feld LLP

A New Tenant on Federal Lands: Court Orders BLM to Consider Climate Impacts in Approving Energy Leases

In a victory for environmental groups, the U.S. District Court for the District of Columbia issued a ruling this week with far-reaching consequences for energy projects on federal lands and “the attention the government must...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

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

Proposed Bayou Bridge Pipeline/Louisiana: 5th Circuit Court of Appeals Overturns Lower Court Order Halting Construction

The United States Court of Appeals for the 5th Circuit (“5th Circuit”) overturned a United States District Court’s grant of a preliminary injunction preventing Bayou Bridge from constructing a pipeline in part through the...more

Holland & Knight LLP

FERC Opens Notice of Inquiry for Review of Natural Gas Pipeline Policies

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• The Federal Energy Regulatory Commission has unanimously voted to open a new Notice of Inquiry seeking input on whether – and, if so, how – it should update its existing policies and procedures for reviewing and issuing...more

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

Proposed Bayou Bridge Pipeline/Louisiana: Environmental Organizations File Federal District Court Challenge to U.S. Corps of...

A number of environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”)in the United States District Court for Middle District of Louisiana challenging certain federal permits and...more

A&O Shearman

D.C. Circuit: FERC Must Consider Potential Pipeline Downstream GHG Effects

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On August 22, the US Court of Appeals for the District of Columbia Circuit, in a 2-1 decision, vacated and remanded orders of the Federal Energy Regulatory Commission (FERC) authorizing the construction and operation of three...more

Cadwalader, Wickersham & Taft LLP

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

Cadwalader, Wickersham & Taft LLP

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

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