The Vital Importance of Pipeline and Transmission Infrastructure to Decarbonization - Energy Law Insights
Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate
Nota Bene Episode 97: The Seismic Changes Renewables Are Bringing to Energy Transmission and Its Infrastructure with Mark Sundback
Policy Minute: TSA Cybersecurity Roadmap for Pipelines
When he assumes office again on January 20, 2025, newly reelected President Donald J. Trump can make one move regarding energy that not only will facilitate the increased availability of domestic oil and gas production but...more
The United States Court of Appeals for the District of Columbia (“D.C. Circuit”) recently upheld two FERC orders granting natural gas pipeline developers’ requests to extend their construction deadlines. The D.C. Circuit...more
Now less than one month before Election Day, the New York Governor's race is far closer than most had anticipated. Incumbent Democrat Kathy Hochul, who succeeded Andrew Cuomo following his resignation, is being pressed by...more
On April 6, 2022, by a 5-4 vote in the case of Louisiana, et. al. v. American Rivers, et. al., the Supreme Court temporarily resurrected a Trump-era rule that sought to stop the practice of many states and tribes from...more
Landowners and permit applicants received an email notification this week that the Army Corps of Engineers (Army Corps) would not be processing their requests for coverage under a variety of Clean Water Act (CWA) Section 404...more
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
Environmental groups sue Army Corps of Engineers over pipeline permitting - The Hill – May 3 - A coalition of five environmental groups on Monday sued the U.S. Army Corps of Engineers (Corps) in federal court in...more
On September 15, 2020, the United States Army Corps of Engineers (Corps) issued its “Proposal to Reissue and Modify Nationwide Permits” (Proposed Rule). Under Section 404 of the Clean Water Act and Section 10 of the Rivers...more
On September 9, 2020, FERC issued a Notice of Proposed Rulemaking (“NOPR”) proposing updated regulations that will establish a one-year period for state agencies or other certifying authorities (“Certifying Agencies”) to act...more
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
On June 1, 2020, the U.S. Environmental Protection Agency finalized a regulation intended to reduce the ability of individual states, Native American tribes or interstate regulatory agencies to veto federal permits for...more
EPA Issues Final Rule to Narrow Scope and Timelines for State Water Quality Certifications - The Environmental Protection Agency released it final “Clean Water Act Section 401 Certification Rule” this week, which limits...more
EPA limits states' power to stop oil and gas pipelines - Bullet NPR – June 1 - The U.S. Environmental Protection Agency (EPA) on Monday issued a new rule intended to expedite the approval process for pipeline...more
N. Plains Res. Council v. United States Army Corps of Eng’rs, No. 4:19-cv-00044-BMM, 2020 BL 35412 (9th Cir. May 14, 2020) - Oil and gas pipeline construction may no longer proceed under Nationwide Water Permit 12 (“NWP...more
On Thursday, May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay on appeal a lower court ruling which has already had a nationwide impact on permitting of oil and gas pipelines that cross streams...more
A decision issued on May 15 by the New York Department of Environmental Conservation (DEC) denying approvals for a new natural gas pipeline is sending shivers through the energy industry. Though the decision was based...more
Bricker & Eckler and Hull & Associates will discuss the potential impacts and outcomes of recent activities in the area of surface water permitting. Specifically, we will be addressing the court ruling in Northern Plains...more
The U.S. Environmental Protection Agency (EPA) recently announced the rollout of its new Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes which replaces an April 2010 Interim Guidance...more
The Oregon Department of Environmental Quality (“ODEQ”) issued a May 6th denial of a Clean Water Act Section 401 Water Quality Certification for a proposed liquid natural gas export facility (“Facility”) in Coos Bay, Oregon. ...more
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
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
In the midst of the U.S. energy boom, the expansion and modernization of the nation’s energy infrastructure has been a priority. The ramp up in shale natural gas production has spurred investments in pipeline projects,...more
On October 8, the National Wildlife Federation (“NWF”) fulfilled its promise to sue the U.S. Department of Transportation (“DOT”). The lawsuit alleges that for 20 years the DOT has allowed pipelines to operate illegally by...more
On July 28, 2015, the National Wildlife Federation (“NWF”) filed an intent to sue notice against the Department of Transportation (“DOT”), arguing the DOT has not properly approved pipeline projects for more than 20 years. ...more