News & Analysis as of

Pipelines Federal Energy Regulatory Commission

Courts Stay Pipeline Construction

In the past week, the D.C. Circuit and Second Circuit have stayed pipeline construction on the Atlantic Sunrise and Valley Lateral Projects, respectively, following challenges to FERC orders allowing the projects to proceed. ...more

D.C. Circuit's Atlantic Sunrise stay creates uncertainty for pipeline developers

by Hogan Lovells on

Earlier this week, the United States Court of Appeals for the District of Columbia Circuit issued an administrative stay of the Federal Energy Regulatory Commission’s (FERC) approval of Transcontinental Gas Pipe Line Company,...more

Energy Quarterly Report: FERC Updates & PHMSA Regulations - Q3 2017

by Benesch on

The Senate confirmed President Trump’s nominees to fill two of the four open seats on the FERC, producing a quorum for the first time since February. Neil Chatterjee (Senate Majority Leader Mitch McConnell’s energy advisor),...more

When Does the Race Start? New York Department of Environmental Conservation Requests Rehearing of Federal Energy Regulatory...

by Beveridge & Diamond PC on

Following the Federal Energy Regulatory Commission (FERC)’s Declaratory Order that the New York State Department of Environmental Conservation (DEC) failed to timely act on an application for a Water Quality Certification...more

Currents - Energy Industry Insights - October 2017 #3

Department of Interior Rescinds OSM Enforcement Policies - On October 12, 2017, the Department of the Interior ("DOI") withdrew two prior Office of Surface Mining ("OSM") policies affecting mining operations. DOI rescinded...more

Clean Water Act Challenges to Pipeline Development: Recent Litigation and Key Issues

by Latham & Watkins LLP on

Pipelines delayed as certain states and environmental groups pursue CWA and NEPA challenges to FERC Natural Gas Act Authorizations. Key Points: - FERC extends Millennium’s Valley Lateral Pipeline Project construction...more

Oil And Gas Update For Week Ending 10/6/2017 – Natural Gas Prices Slide, PA Superior Court Addresses Reserved Royalty Vs. Oil/Gas...

by Cozen O'Connor on

Natural gas prices have fallen pretty harshly since our last report, particularly in Appalachia where prices dropped below $1/MMBtu, amidst a slightly sliding rig count. In Appalachia, the Pennsylvania Superior Court...more

FERC Responds Quickly and Decisively to D.C. Circuit Remand in Sabal Trail Matter on Downstream GHG Analysis

by Blank Rome LLP on

The Federal Energy Regulatory Commission (“FERC”) weighed in rapidly and decisively on the Sabal Trail (a/k/a Southeast Market Pipelines or “SMP Project”) case that the D.C. Circuit remanded to it on August 22, 2017. As...more

Federal Energy Regulatory Commission Holds that a State Agency Waived its Authority to Issue a Water Quality Certification by...

by King & Spalding on

On September 15, 2017, the Federal Energy Regulatory Commission (FERC) issued an order holding that the New York State Department of Environmental Conservation (NYSDEC) waived its authority under the Clean Water Act (CWA) by...more

NYDEC Waived Right to Act on a CWA 401 Water Qualification

The Federal Energy Regulatory Commission’s (FERC) decision in the matter of Millennium Pipeline Company, LLC was issued on September 15, 2017. FERC determined that the New York State Department of Environmental Conservation...more

Currents - Energy Industry Insights - September 2017#2

- U.S. High Court Asked to Review WV Justice's Role in Gas Royalties Case - "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas...more

NY Seizes on Recent D.C. Circuit Decision to Deny Pipeline Permits

by Pepper Hamilton LLP on

The U.S. Court of Appeals for the D.C. Circuit’s recent decision in Sierra Club v. FERC (Southeast Market Pipelines Project), No. 16-1329 (D.C. Cir. 2017), has already had an impact on the natural gas industry and resulted in...more

Interstate Pipeline Project: Federal Appellate Court Addresses Challenge to State Water Quality Certification

The United States Court of Appeals for the 3rd Circuit (“Court”) addressed a challenge to a permit issued by the Pennsylvania Department of Environmental Protection (“DEP”) related to the proposed construction of an...more

Oil And Gas Update For Week Ending 9/8/2017 – Pipeline Projects Dodge Several Roadblocks; DRBC Plans Ban Of Hydraulic Fracturing...

by Cozen O'Connor on

It’s been a relatively quiet week since our last report. Natural gas spot prices in Appalachia took a nose dive amidst only modest increases in the Henry Hub and the rig count. In Appalachia, a federal judge denied a bid to...more

DC Circuit Rules that FERC Must Consider Global Warming in Approving New Natural Gas Pipelines

by Snell & Wilmer on

The United States has one of the most extensive natural gas pipeline networks in the world. This vast network enables the ongoing switch away from coal-fired generation and toward a renewables and natural gas-based electric...more

FERC Failed to Adequately Consider Environmental Impacts of Downstream GHG Emissions Under NEPA Says D.C. Circuit

by Perkins Coie on

The U.S. Court of Appeals for the District of Columbia last week vacated and remanded a 2016 Order by the Federal Energy Regulatory Commission that had authorized construction and operation of the Southeast Market Pipelines...more

D.C. Circuit: FERC Must Consider Potential Pipeline Downstream GHG Effects

by Shearman & Sterling LLP on

On August 22, the US Court of Appeals for the District of Columbia Circuit, in a 2-1 decision, vacated and remanded orders of the Federal Energy Regulatory Commission (FERC) authorizing the construction and operation of three...more

Currents - Energy Industry Insights - August 2017

Welcome to Spilman Thomas & Battle's weekly energy news e-blast - Currents. The purpose of this communication is to provide a synopsis of the top news stories for the week, but with a twist. We recognize that you may already...more

DC Circuit Holds FERC Must Analyze Downstream Greenhouse Gas Emissions in Approving Interstate Gas Pipelines

by WilmerHale on

Last week, the United States Court of Appeals for the District of Columbia Circuit issued an opinion in Sierra Club v. FERC, No. 16-1329 (D.C. Cir. Aug. 22, 2017), concluding that the Federal Energy Regulatory Commission...more

Rethinking Greenhouse Gas Emissions: D.C. Circuit Orders Further Environmental Review of Natural Gas Pipeline Certificate

by Hogan Lovells on

On August 22, 2017, the United States Court of Appeals for the District of Columbia Circuit issued a ruling that may change the way that the Federal Energy Regulatory Commission (FERC) examines the impacts of greenhouse gas...more

The Federal Energy Regulatory Commission Issues Guidelines for Reporting on Cultural Resources Investigations for Natural Gas...

by Hogan Lovells on

The Federal Energy Regulatory Commission (FERC), Office of Energy Projects, recently issued its Guidelines for Reporting on Cultural Resources Investigations for Natural Gas Projects (Guidelines)....more

D.C. Circuit Rules That FERC Should Have Quantified Indirect Greenhouse Gas Emissions in Approving Natural Gas Pipeline

by Beveridge & Diamond PC on

In a 2-1 decision, the D.C. Circuit of the U.S. Court of Appeals has ruled that the Federal Energy Regulatory Commission (“FERC”) did not satisfy the requirements of the National Environmental Policy Act (“NEPA”) when it...more

DC Circuit: FERC’s EIS For Southeast Market Pipelines Project Is Deficient

On Tuesday, the U.S. Court of Appeals for the DC Circuit, in the case of Sierra Club, at al., v. FERC, rejected most of the arguments made against the Federal Energy Regulatory Commission’s (FERC) decision to approve the...more

D.C. Circuit Vacates and Remands FERC Approval of Southeast Market Pipelines Project

On Tuesday, August 22, 2017, the U.S. Court of Appeals for the District of Columbia Circuit vacated and remanded an order by the Federal Energy Regulatory Commission (“FERC”) authorizing the construction and operation of the...more

Does NEPA Require Assessment of Downstream GHG Emissions Resulting From Gas Pipelines?

Last week, a divided panel of the D.C. Circuit Court of Appeals ruled that FERC violated NEPA in failing to assess downstream greenhouse gas emissions resulting from construction of the Sabal Trail pipeline, part of the...more

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