News & Analysis as of

Pipelines Energy Projects Natural Gas Act

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

Akin Gump Strauss Hauer & Feld LLP

Five Ratemaking Takeaways from FERC’s Panhandle Eastern Pipe Line Company, LP Order

On December 16, 2022, the Federal Energy Regulatory Commission (FERC) issued Panhandle Eastern Pipe Line Company, LP, its first opinion and order on an initial decision in a Natural Gas Act (NGA) section 4 general rate case...more

Pillsbury Winthrop Shaw Pittman LLP

Hydrogen Industry Gets New Opportunity to Comment on FERC Pipeline Approval Policy

The Federal Energy Regulatory Commission has reopened the comment period for its natural gas infrastructure policy statements, giving the hydrogen industry a chance to champion policies that could promote hydrogen...more

Davis Wright Tremaine LLP

FERC Defers Changes to Gas Project Approval Process

Just one month after issuing two policy statements expected to seriously impact the processing of applications for gas infrastructure projects, the Federal Energy Regulatory Commission (FERC) has made a midcourse correction...more

Holland & Knight LLP

FERC Backtracks on Pipeline Approval Policy Changes

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The Federal Energy Regulatory Commission (FERC) issued a brief order on March 24, 2022, backtracking on the historic – and divisive – changes it had announced several weeks ago to its natural gas pipeline certification...more

Beveridge & Diamond PC

FERC Issues New Policy for Natural Gas Project Certifications, for the First Time Formalizes Consideration of Environmental...

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Updated March 28, 2022 - As we previously reported, the Federal Energy Regulatory Commission (FERC) in February issued two new policy statements likely to have far-reaching implications for the agency’s approval of...more

Troutman Pepper Locke

FERC Overhauls Existing Pipeline Project Analysis, Creates Separate Interim GHG Policy for Gas Infrastructure Projects

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On February 17, the Federal Energy Regulatory Commission (FERC or Commission) announced two new, significant policies that may have a profound impact on both natural gas pipeline projects before the Commission and the...more

Morgan Lewis - Power & Pipes

FERC Issues Show Cause Orders to Two Natural Gas Pipelines

The Federal Energy Regulatory Commission issued show cause orders to two natural pipelines—Rover Pipeline and Midship Pipeline Company—following its December 2021 open meeting, and sent a related dispute involving Midship for...more

Opportune LLP

Court Rulings, Delays & Cancellations Underscore Challenges For Gas Pipeline Construction

Opportune LLP on

Find out what challenges the natural gas industry faces to construct new pipelines and how these challenges have impacted gas supplies, particularly in the Northeast....more

Morgan Lewis - Power & Pipes

FERC Notice of Inquiry on Policy Statement on Interstate Natural Gas Pipeline Proposals Draws Industry Comment

Nearly 200 comments were filed in response to FERC’s February 18, 2021 Notice of Inquiry (NOI) that sought new information and perspectives on whether it should revise its policy statement on the certification of new...more

Holland & Knight LLP

FERC To Natural Gas Pipeline Industry: What about Environmental Justice?

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The Federal Energy Regulatory Commission (FERC) recently invited public comment on environmental justice matters it may consider in future natural gas pipeline certificate proceedings, reopening a three-year-old notice and...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

Troutman Pepper Locke

FERC Proposes to Modify Water Quality Certification Waiver Period for Natural Gas Projects

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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

Blank Rome LLP

Exports, Eminent Domain, and the “Public Convenience and Necessity”: FERC Weighs In

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On September 3, 2020, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an Order on Remand from the U.S. Court of Appeals for the District of Columbia Circuit, providing a more robust explanation...more

Beveridge & Diamond PC

FERC Adopts New Rules for Pipeline Certificate Orders to Address Concerns of D.C. Circuit

Beveridge & Diamond PC on

On June 9, 2020, the Federal Energy Regulatory Commission (FERC) issued new rules designed to address concerns expressed by the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) about abuse of landowner...more

Bricker Graydon LLP

[Webinar] Environmental Permitting Appeals and Pipeline Construction: Are the circuit courts the new environmental review courts?...

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Bricker attorneys Frank Merrill and Christine Rideout Schirra will be presenting 'Environmental Permitting Appeals and Pipeline Construction: Are the circuit courts the new environmental review courts?' for the Institute of...more

Morgan Lewis

FERC Order Authorizing Pipeline Developers to Seize State-Owned Land

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A declaratory order issued by the Federal Energy Regulatory Commission (the Commission) on January 30 in Docket No. RP20-41-000 grants pipeline developers greater certainty in planning and siting construction. The order was...more

Sullivan & Worcester

Greenhouse Gas Quantification Under FERC’s Pipeline Certification Process

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Since our last article discussing the way in which the Federal Energy Regulatory Commission ("FERC" or "the Commission") considers greenhouse gas (GHG) emissions and climate impacts in the pipeline certification process, the...more

Sheppard Mullin Richter & Hampton LLP

D.C. Circuit Says NEPA Requires FERC To Inquire Into Up and Downstream Effects of Pipeline Project

In a recent opinion, the D.C. Circuit suggested the Federal Energy Regulatory Commission (FERC) must attempt to obtain information necessary to evaluate the environmental effects of a proposed interstate pipeline project due...more

Sullivan & Worcester

FERC Continues to Forge Its Own Path in Considering Climate Impacts in Pipeline Applications

Sullivan & Worcester on

Among other responsibilities, the Federal Energy Regulatory Commission ("FERC" or "the Commission") approves and issues construction certificates for interstate gas pipelines and related infrastructure under section 7 of the...more

Bricker Graydon LLP

Sixth Circuit upholds immediate access for NEXUS pipeline construction

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The Sixth Circuit recently confirmed an interstate natural gas pipeline company’s ability to seek and obtain immediate access to property, prior to a just compensation hearing. In Nexus Gas Transmission, LLC v. City of Green,...more

Holland & Knight LLP

FERC and PHMSA Sign MOU for LNG Projects

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As previously reported, on Aug. 31, 2018, Kevin J. McIntyre, Chairman of the Federal Energy Regulatory Commission (FERC) and Howard "Skip" Elliott, Administrator of the Pipeline and Hazardous Materials Safety Administration...more

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

Should FERC Have Exercised Jurisdiction Over an Intrastate Pipeline Segment?: D.C. Court of Appeals Decision

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

Eversheds Sutherland (US) LLP

FERC issues NOI seeking stakeholder input on natural gas transportation facility certification process

The Federal Energy Regulatory Commission (FERC) has issued a Notice of Inquiry (NOI) initiating a review of FERC’s 1999 Policy Statement on the certification of new natural gas transportation facilities (Policy Statement)....more

Blank Rome LLP

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

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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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