News & Analysis as of

Pipelines Dakota Access Pipeline

Foley Hoag LLP - Environmental Law

When the Music’s Over, Turn Off the Dakota Access Pipeline

Last week, the District of Columbia Court of Appeals affirmed vacatur of the easement issued to the Dakota Access Pipeline by the Army Corps of Engineers. As I noted last month in connection with the Biden Executive Order...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

Foley Hoag LLP - Environmental Law

Dakota Access Lives to Pump Another Day

On Wednesday, the D.C. Circuit Court of Appeals stayed the injunction requiring the shutdown of the Dakota Access Pipeline.  It’s a victory for the operator, Energy Transfer LP, simply because it lives to fight another day. ...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: NWP 12 and the Dakota Access Pipeline Easement Get Forced Vacations, while a Potential Violation of the Eighth...

Here’s a report on several new decisions made over the past few days. U.S. SUPREME COURT - U.S. Army Corps of Engineers v. Northern Plains Resources Council - On July 8, 2020, the Court has issued a partial stay of the...more

Davis Wright Tremaine LLP

Trump Track: Measure Twice, Cut Once - A Good Rule for Pipeline Approvals

Recent court decisions have stymied the Trump Administration’s determination to accelerate permit approvals for oil and gas infrastructure projects, a policy focus since it came into office. Its tools have essentially been...more

Foley Hoag LLP - Environmental Law

Dakota Access Must Shut Down. Is It a Harbinger?

I don’t like to speculate, so I won’t say that July 6, 2020, was the beginning of the end of fossil fuel infrastructure in the United States. I will say, with apologies to Judith Viorst, that it was a Terrible, Horrible, No...more

Pillsbury Winthrop Shaw Pittman LLP

Ninth Circuit Declines to Reinstate Streamlined Water Permitting Process for New Pipelines

Decision creates difficult permitting challenges for oil and gas pipelines crossing jurisdictional waters. Oil and gas pipelines continue to face difficult permitting challenges as Ninth Circuit declines to revive vacated...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #5

Gas Drilling Not Damaging Forests' Waterways, State Finds - "Pennsylvania's state forests agency says it isn't finding damage to waterways amid the expansion of natural gas drilling in recent years, although it is reporting...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2018

State Files Motion to Dismiss Federal Lawsuit by EQT - "Lawyers representing the Secretary of the state Department of Environmental Protection have filed a motion to dismiss a lawsuit by the natural gas company EQT over a...more

Pillsbury - Gravel2Gavel Construction & Real...

District Court Grants Partial Relief to Standing Rock Sioux Tribe and Cheyenne River Sioux Tribe But Denies Vacatur

On October 11, the U.S. States District Court for the District of Columbia issued its latest ruling on the Dakota Access Pipeline (DAP). The case is Standing Rock Sioux Tribe and Cheyenne River Sioux Tribe v. US Army Corps of...more

Cadwalader, Wickersham & Taft LLP

Court Declines to Vacate Environmental Assessment of Dakota Access Pipeline, Permitting Oil to Flow during Remand

On October 11, 2017, the United States District Court for the District of Columbia declined to vacate the U.S. Army Corps of Engineers’ (“Corps”) Environmental Assessment (“EA”) of the Dakota Access Pipeline while the agency...more

Foley Hoag LLP

Public Summary of Foley Hoag LLP Report, Good Practice for Managing the Social Impacts of Oil Pipelines in the United States

Foley Hoag LLP on

Due to their linear nature, pipeline projects affect a large number of stakeholders, which increases the likelihood of broad opposition and protests. Tribal opposition to projects in the United States sometimes reflects...more

Pillsbury - Gravel2Gavel Construction & Real...

Cheyenne River Sioux Tribe’s Motion for a Preliminary Injunction Denied

On March 7, the U.S. District Court for the District of Columbia issued a ruling denying a motion for a preliminary injunction filed by the Cheyenne River Sioux Tribe challenging an easement granted on February 8 by the U.S....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

King & Spalding

President Trump Issues Memorandum On “Construction Of American Pipelines” -Prioritizes U.S.-Produced “Materials And Equipment”

King & Spalding on

On January 24, 2017, President Donald J. Trump signed a slate of executive orders and presidential memoranda focused on pipeline and other infrastructure projects. Along with memoranda that specifically concern the...more

Akin Gump Strauss Hauer & Feld LLP

What’s New in Washington: 10 Things You Need to Know

The first four weeks of the Trump administration have brought a flurry of policy and regulatory activity through Executive Orders (EO), proposed new legislation and review of existing regulation. After eight years of the...more

Moore & Van Allen PLLC

EIB Energy Highlights: Dakota Access & Keystone XL Pipelines Revived, FERC on Energy Storage & Pipeline Rates & More

Moore & Van Allen PLLC on

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

Pillsbury Winthrop Shaw Pittman LLP

The Trump Energy Agenda - The Early Days of President Trump and Secretary of Energy - Designee Rick Perry

What has happened since President Trump was inaugurated? - In one of his first executive actions, President Trump has placed a freeze on new government hires (excepting the military). Based on information from Trump...more

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