News & Analysis as of

Pipelines

Venable LLP

Reconciliation Bill Would Create New FERC Siting Regime for Petroleum, Hydrogen, and Carbon Dioxide Pipelines

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On May 11, the House Committee on Energy and Commerce released its proposed energy provisions for inclusion in the budget reconciliation package, including several provisions that could dramatically reform the federal...more

Flaster Greenberg PC

The Battle Over The Constitution Pipeline

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In 2020, following a bitter eight-year fight, Williams Corporation canceled its plans to build the Constitution Pipeline. The pipeline would have carried natural gas from the gas fields of Northeastern Pennsylvania...more

Troutman Pepper Locke

FERC Approves Uncontested Rate Case Settlements in 2024 Rate Cases Filed by Algonquin Gas Transmission and Maritimes & Northeast...

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On April 25, 2025, FERC approved two uncontested stipulation and agreements that propose to settle the Natural Gas Act (“NGA”) section 4 general rate cases filed on May 30, 2024, by two interconnected pipelines, Algonquin Gas...more

Troutman Pepper Locke

FERC Denies NGO Transmission, Inc.’s Application to Abandon Jurisdictional Facilities

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On April 24, 2025, FERC denied NGO Transmission, Inc.’s (“NGO Transmission”) application under 7(b) of the Natural Gas Act (“NGA”) to abandon its jurisdictional facilities and reclassify them from jurisdictional transmission...more

Perkins Coie

State Control of Injection Well Permitting Stays in Focus Amid Legal Challenges Over CCS Infrastructure

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Key Takeaways - - EPA is evaluating the Texas Railroad Commission's formal primacy application. If granted, Texas will assume primary enforcement authority—or primacy—over Class VI wells. - Carbon capture and storage...more

McGuireWoods LLP

Environmental Vanguard: May 2025 Edition

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“Environmental Vanguard” is a quarterly newsletter from McGuireWoods, sharing key insights from our leading environmental attorneys and consultants at the forefront of regulatory, litigation, and policy developments. This...more

White & Case LLP

Summary of FERC Meeting Agenda for April 2025

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Summaries of the agenda items for the Federal Energy Regulatory Commission's monthly open meeting to be held on April 17, 2025, pursuant to the sunshine notice released on April 10, 2025. In this issue… -Electric Items ...more

Troutman Pepper Locke

D.C. Circuit Denies Healthy Gulf’s and Sierra Club’s Petition for Review of FERC Order Authorizing Construction and Operation of...

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On March 28, 2025, the D.C. Circuit denied a joint petition for review brought by Healthy Gulf and Sierra Club (together, “Petitioners”) challenging FERC’s grant of a certificate of public convenience and necessity (CPCN) to...more

Goldberg Segalla

Is Environmental Activism Litigation in Trouble?

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In a landmark decision, a North Dakota jury has ordered Greenpeace to pay over $660 million in damages to Energy Transfer, the company behind the Dakota Access Pipeline (DAPL). This verdict stems from Greenpeace’s involvement...more

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

McGinnis Lochridge

Who Can Enforce Surface Provisions in an OGL?

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Unitex WI, LLC v. CT Land & Cattle Co., LLC, No. 07-23-00390-CV, 2024 WL 3249338 (Tex. App.—Amarillo June 28, 2024, pet. filed)...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

Gray Reed

Texas Supreme Court Allows Enforcement of a JOA Debt After Foreclosure

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In Steelhead Midstream Partners, LLC v. CL III Funding Holding Company, LLC, the Texas Supreme Court authorized a pipeline owner’s breach-of-contract claim—alleging a co-owner used foreclosure to avoid cost-sharing...more

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

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Cargo...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a December 20, 2024, Interpretive Letter addressing the application of the Hazardous Materials Regulations (“HMR”) applicable to...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

A&O Shearman

Illinois District Court Dismisses Antitrust Case Alleging Monopolization Of Transportation Services For Canadian Crude Oil In...

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On January 13, 2025, the United States District Court for the Northern District of Illinois granted defendant’s motion to dismiss plaintiff’s claim that it monopolized the market for “Canadian crude oil transportation...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

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

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Lithium...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in an October 1st Interpretive Letter the application of the federal Hazardous Materials Regulations (“HMR”): …to determine...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

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

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a September 25th Interpretive Letter the application of the federal Hazardous Materials Regulations (“HMR”) to the definition of...more

Jackson Lewis P.C.

DOT Random Drug and Alcohol Testing Rates for 2025

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The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2025. The rates are the same as 2024, except that PHMSA has increased its random drug testing rate to 50%....more

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