News & Analysis as of


The State AG Report Weekly Update

by Cozen O'Connor on

2018 AG Elections- Democrat Kwame Raoul and Republican Erika Harold Win Illinois AG Primary Races- Democratic State Senator Kwame Raoul defeated seven opponents, including former Illinois Governor Pat Quinn, to win the...more

FERC Abandons Tax Allowance in MLP Pipeline Rate Setting and Signals Changes Due to Tax Act Rate Drop

On Thursday, March 15, 2018, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a series of orders and notices to address changing the treatment of income tax costs in rate setting for oil and natural...more

Energy Companies Take Hit After FERC MLP Decision

by McGuireWoods LLP on

In a March 15 decision, the Federal Energy Regulatory Commission (FERC) disallowed certain tax benefits for master limited partnerships (MLPs), the predominant corporate structure for several energy companies....more

Congress Considers Department Of Energy (“DOE”) Modernization Legislation; Cybersecurity Remains A Key Focus Area

by King & Spalding on

On Wednesday, March 14, the House Energy & Commerce Committee’s Energy Subcommittee (the “Subcommittee”) held a hearing entitled: “DOE Modernization: Legislation Addressing Cybersecurity and Emergency Response,” and reviewed...more

FERC eliminates tax allowances for MLP pipelines, proposes tax-related rate reviews

On March 15, 2018, the Federal Energy Regulatory Commission (FERC) issued important orders regarding two significant tax-related rate matters affecting interstate oil and natural gas pipelines. The action eliminated tax...more

FERC Addresses Effects of Tax Cuts on Jurisdictional Rates and Disallows Income Tax Component in MLP-Owned Partnership Pipeline...

On March 15, 2018, the Federal Energy Regulatory Commission (“FERC”) issued an order on remand disallowing an income tax component in cost-of-service rates charged by an interstate oil pipeline owned by a master limited...more

Tax Cuts & MLPs: FERC Announces Changes Designed to Reduce Cost-Based Rates Charged by Regulated Pipelines

by Latham & Watkins LLP on

FERC eliminates tax allowance in MLP pipelines’ cost-based rates and establishes procedures to address income tax changes. Key Points: ..FERC will no longer permit MLPs to recover an income tax allowance in cost-based...more

FERC Takes Major Action On Tax Matters

by Locke Lord LLP on

On March 15, 2018, the Federal Energy Regulatory Commission (FERC) issued several far-reaching items related to the tax allowance that is permitted to be included in the jurisdictional rates of natural gas pipelines, oil...more

FERC Acts On Income Tax Allowance And Implements The Tax Cuts And Jobs Act

by Husch Blackwell LLP on

The Federal Energy Regulatory Commission (FERC) took swift action to respond to the recent United Airlines v. FERC decision regarding income tax allowances, as well as to implement changes stemming from the Tax Cuts and Jobs...more

FERC Meeting Agenda Summary - March 2018

by White & Case LLP on

In This Issue: - Electric Items - Gas Items - Hydro Items - Certificate Items - Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s March 15, 2018 meeting, pursuant to the...more

Regulatory Happenings for the Week of March 5, 2018

by Buchalter on

On 5/26/17, the ALJ issued a proposed decision implementing new compliance requirements for the RPS program in response to SB350. These new rules for long-term contracts start with the compliance period beginning 1/1/21. The...more

Currents - Energy Industry Insights - March 2018 #3

Pipeline CEOs Vow to Fight Back Against Environmental Activism and Sabotage - "Executives from some of the biggest energy infrastructure companies in Canada and the United States say their industry had been surprised by...more

Regulatory Happenings for the Week of February 26, 2018

by Buchalter on

On 5/26/17, the ALJ issued a proposed decision implementing new compliance requirements for the RPS program in response to SB350. These new rules for long-term contracts start with the compliance period beginning 1/1/21. The...more

Second Circuit Confirms NYSDEC Waived Water Quality Certification Authority by Delaying Decision on Application

by Beveridge & Diamond PC on

On March 12, the Second Circuit held that the New York State Department of Environmental Conservation (NYSDEC) waived its authority to review Millennium’s request for a water quality certification under Section 401 of the...more

Second Circuit: FERC’s And State Agency’s Interpretations Of CWA Are Not Entitled To Chevron Deference

On March 12, the U.S. Court of Appeals for the Second Circuit issued a decision interpreting Clean Water Act (CWA) Section 401 and the Federal Regulatory Energy Commission’s (FERC) permitting authority, which may have settled...more

Energy Newsletter - March 2018

by King & Spalding on

Good news at last for the development of offshore wind projects in France - While France had launched in 2011 a very ambitious offshore wind farm development program, aiming to reach 6 GMW of wind turbine installations at...more

The Creation of the Canadian Energy Regulator

by Bennett Jones LLP on

This article supplements our multi-part series on changes to Canada’s regulatory regime governing project development and operation in Canada. This post summarizes the proposal to establish the Canadian Energy Regulator...more

Energy Insider Interview Series: Insights from Senator Lisa Murkowski

1. When the GOP tax bill passed late last year, it included a critical provision you’ve been pushing for, mandating that the federal government hold lease sales in Alaska’s Arctic National Wildlife Refuge (ANWR). Why was it...more

Currents - Energy Industry Insights - March 2018 #2

Trump Advisers Fervently Defend Tariffs (Unless They Change, That Is) - "The White House continued to sow uncertainty about the stiff tariffs President Trump said he would impose on steel and aluminum imports as key...more

FERC Should Reconsider Its Bias in Favor of Incremental Pricing of Pipeline Expansions

At his first Federal Energy Regulatory Commission (FERC) meeting this past December, Chairman Kevin McIntyre announced the agency will be soliciting comments on whether to revise its 1999 Certificate Policy Statement (CPS),...more

Natural Gas Importer Sues U.S. Customs for Rejecting NAFTA Claims

by Perkins Coie on

An importer of natural gas from Canada filed suit on February 23, 2018, alleging that U.S. Customs and Border Protection (CBP) unlawfully denied preferential treatment for its imports under the North American Free Trade...more

Preliminary Injunction Issued Stalling Oil Pipeline Construction in Atchafalaya Basin

On February 27, the U.S. District Court for the Middle District of Louisiana granted a motion for a preliminary injunction filed by a group of environmental plaintiffs seeking to halt the construction of an oil pipeline in...more

FERC Has Options If Court Of Appeals Seeks To Shut Down An Operating Interstate Pipeline

by Pierce Atwood LLP on

Can an interstate natural gas pipeline continue to operate if a court vacates its certificate authorizations? On January 31, 2018, in Sierra Club v. FERC, No. 16-1329 (D.C. Cir.), the United States Court of Appeals for the...more

Currents - Energy Industry Insights - March 2018

Anti-Secrecy Lawsuits Soaring Against Pruitt's EPA - "The suits have come from open government groups, environmentalists and even conservative organizations that have run into a wall trying to pry information out of...more

Pipeline Update: Decisions in Pennsylvania and the Fourth Circuit Should Pave Way for Pipeline Development

by Blank Rome LLP on

Two recent decisions, one from the Fourth Circuit Court of Appeals and one from Pennsylvania’s Commonwealth Court, rejected arguments from pipeline opponents that, if accepted, would have bolstered local efforts to stymie...more

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