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
The city of Fresno announced this week that Shell USA, Dow Chemical, and other oil and chemical companies have agreed to pay the city $230 million to settle the city’s 2007 lawsuit against them for allegedly contaminating...more
Illinois has established a comprehensive regulatory framework for the development of carbon capture and sequestration (CCS) projects. The state's legislature has passed Senate Bill 1289, also known as the SAFE CCS Act, which...more
The United States Pipeline and Hazardous Materials Administration (“PHMSA”) published in the April 10th Federal Register final rules amending the Hazardous Materials Regulations (“HMR”). See 89 Fed. Reg. 25434....more
The ability to extend a limitation period for an environmental claim is subject to considerable judicial discretion, the Court of Appeal of Alberta recently held in Paramount Resources Ltd v Grey Owl Engineering Ltd, 2024...more
On October 23, 2023, the Federal Energy Regulatory Commission (FERC) issued an order that will permit Trailblazer Pipeline Company LLC (Trailblazer) to convert its approximately 400-mile-long natural gas pipeline system to...more
On June 3, 2023, President Biden signed into law the Fiscal Responsibility Act of 2023 (FRA). The FRA was the result of an agreement between White House and congressional GOP negotiators....more
Hiding in plain sight in the Fiscal Responsibility Act of 2023 (FRA)--which is intended to extend the nation’s debt limit into 2025 in order to avoid a federal default--are provisions that seek to amend the National...more
As 2022 draws to a close, here is a brief description of recent environmental and regulatory law rulings, as well as new federal rulemaking proceedings....more
Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •AG Bonta Joins Coalition Filing Amicus Brief...more
Section 218 of Alberta's Environmental Protection and Enhancement Act, RSA 2000, c E-12 (EPEA) is not available to extend the limitation period for a party liable for remediation costs to make claims against other alleged...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
EPA directs states to steer new water infrastructure funding to disadvantaged areas - Bullet M Live – March 9 - The U.S. Environmental Protection Agency (EPA) on Tuesday issued a memorandum to guide billions of dollars in...more
German Regulator Puts Brake on Nord Stream 2 in Fresh Blow to Gas Pipeline - "First flows through the pipeline look very unlikely in the first half of 2022, he added." Why this is important: It is estimated that Russia...more
On August 11, 2021, the U.S. Court of Appeals for the Ninth Circuit granted partial vacatur of an appeal brought by the U.S. Army Corps of Engineers (Corps) challenging a district court decision to vacate and enjoin use of...more
On June 30, 2021, the White House Council on Environmental Quality (CEQ) delivered a Carbon Capture, Utilization and Sequestration (CCUS) report to Congress in accordance with the Utilizing Significant Emissions with...more
California oil and gas regulators delay health and safety rules - Associated Press – June 22 - It has been a year and a half since Governor Gavin Newsom directed oil regulators to consider new health and safety...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
Biden moves to restore safeguards under Clean Water Act - Associated Press – June 9 - The Biden administration began legal action this Wednesday to set aside a regulation known as the “Waters of the United States” (WOTUS)...more
Despite the continuing impact of the COVID-19 pandemic, including lockdowns, vaccinations, and containment and relief efforts, the 2021 Session of the Virginia General Assembly produced a number of environmental protection...more
Climate Change Regulatory Issues & Updates - Interim Update on Biden Administration Climate Change Initiatives - The last edition of the Climate Report discussed President Biden's signing, on his first day in office,...more
Gas Stations Run Dry as Pipeline Races to Recover From Hacking - "Gas stations along the U.S. East Coast are beginning to run out of fuel as North America’s biggest petroleum pipeline races to recover from a paralyzing...more
It has long been recognized that minority and disadvantaged communities are subject to higher levels of pollution than more affluent non-minority areas. This fact is the basis of the need for Environmental Justice to ensure...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
FERC Chairman Richard Glick announced his plans on February 11 to better incorporate environmental justice and equity concerns into FERC’s decision making process. Improving the process for reviewing and determining the need...more