News & Analysis as of

Oil & Gas Right of Way

Husch Blackwell LLP

Federal Courts Issue A Mixed Bag Of Decisions On Natural Gas Pipeline Permitting

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Late last month, the Federal Courts issued two major rulings involving certificates of public convenience and necessity for natural gas pipelines issued by the Federal Energy Regulatory Commission. While a decision by the...more

Vinson & Elkins LLP

BSEE Considerations In Establishing Decommissioning Liability Estimates For Offshore Facilities

Vinson & Elkins LLP on

The federal Bureau of Safety and Environmental Enforcement (BSEE) directs decommissioning of facilities located in federal waters of the Outer Continental Shelf (OCS) that are used in performance of oil and gas exploration...more

Gray Reed

Ambiguity Foils Right of Way Agreement

Gray Reed on

The central issue in the Texas case of Cook v. Cimarex Energy Co.: Did Cook grant Cimarex a right of way across Cook’s land to the location of two Cimarex wells. No he didn’t. Reversing the trial court, the court of appeals...more

Cozen O'Connor

Pennsylvania Public Utility Commission Rules Two Municipal Permitting Fees Are Preempted by State Law

Cozen O'Connor on

The Pennsylvania Public Utility Code (Code) gives the Pennsylvania Public Utility Commission (PUC) extensive authority to regulate public utilities in Pennsylvania. The Supreme Court of Pennsylvania has held that the General...more

Morgan Lewis - Power & Pipes

Supreme Court to Review Third Circuit’s ‘Disruptive’ NGA Decision on Pipeline’s Power to Acquire Right-of-Way over State Lands

The US Supreme Court granted certification on February 3 to review the US Court of Appeals for the Third Circuit’s decision in In re PennEast Pipeline Co. in order to resolve an important question: Does the Natural Gas Act...more

Morgan Lewis

US Supreme Court Allows Permit for Natural Gas Pipeline Beneath Appalachian Trail

Morgan Lewis on

The US Supreme Court held that the National Park Service’s responsibility over the Appalachian Trail did not incorporate that land into the National Park System, leaving the Forest Service with the authority to grant the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2020 #3

Supreme Court Lifts Key Obstacle to Atlantic Coast Pipeline, but More Challenges Remain - "The U.S. Supreme Court has reversed a lower court ruling that held up construction on the Atlantic Coast Pipeline, which would...more

Saul Ewing LLP

Applying “Basic Property Law Principles,” SCOTUS Upholds Forest Service’s Grant of Pipeline Right-of-Way Beneath the Appalachian...

Saul Ewing LLP on

“Sometimes a complicated regulatory scheme may cause us to miss the forest for the trees, but at bottom, these cases boil down to a simple proposition: A trail is a trail, and land is land.” Justice Thomas, Opinion of the...more

Benesch

Supreme Court Hears Arguments on Atlantic Coast Pipeline

Benesch on

On February 24, 2020, the U.S. Supreme Court heard arguments on a critical permit needed for completion of the Atlantic Coast Pipeline, a controversial natural gas pipeline crossing the Appalachian Trail.  Supporters of the...more

Hogan Lovells

Supreme Court to review important pipeline decision

Hogan Lovells on

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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - March 2018 #5

California's Ready to Retaliate if Trump Cuts Auto Rules, Sources Say - "As the Trump administration begins to dismantle Barack Obama's ambitious auto efficiency regulations, California is said to be poised to retaliate...more

Gray Reed

Did This “Deed” Convey Fee Simple or an Easement?

Gray Reed on

BNSF v. Chevron Midcontinent LP et al. asked whether a 1903 deed granted BNSF’s predecessor a strip of land in fee simple absolute or only an easement. The result: BNSF holds only an easement. There’s more to the case than an...more

Downs Rachlin Martin PLLC

News from the Vermont State House - An analysis from DRM's Government & Public Affairs Team - February 2017

The Agency of Transportation has submitted a proposal to the House Transportation Committee that would allow the agency to seek damages from a utility that fails to move or adjust a utility line that is in a state or local...more

Pillsbury Winthrop Shaw Pittman LLP

Securing Rights-of-Way to CO2 Pipeline Corridors in the United States

In the previous article in this series The Future of Carbon Dioxide Injection EOR in the United States, we discussed the sources and cost of CO2 supply for enhanced oil recovery (“EOR”) in the United States and the benefits...more

BakerHostetler

From Playa Lakes To Prairie Potholes: Four Things Energy Companies Need to Know About the WOTUS Rule

BakerHostetler on

Have one or several playa lakes on or near a well pad in the Permian Basin? An access road nearby an ephemeral tributary of the Green River in the Uintah Basin? A pipeline that traverses lands dotted with prairie potholes in...more

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