News & Analysis as of

Pipelines Final Rules

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

Hazardous Materials Regulation Final Rulemaking: Pipeline and Hazardous Materials Safety Administration Adoption of Amendments...

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

Bricker Graydon LLP

Ohio Power Siting Board Finalizes Rule Revisions Following Multi-Year Process

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On July 20, 2023, the Ohio Power Siting Board (“Board” or “OPSB”) issued its final determination on a comprehensive set of proposed revisions to the rules governing the procedures before the OPSB and its siting criteria. The...more

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

Interstate Transport/Ozone: U.S. Environmental Protection Agency Final Rule Imposing Federal Implementation Plan for 23 States...

The United States Environmental Protection Agency (“EPA”) issued a March 15th prepublication final rule imposing a Federal Implementation Plan (“FIP”) regarding interstate transport for the 2015 8-hour National Ambient Air...more

Vinson & Elkins LLP

PHMSA’s Mega Rule Is Complete: Here’s What You Should Know

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The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) recently released the final rule in a rulemaking trilogy collectively known as the “Mega Rule” — a set of regulations designed to improve pipeline safety by...more

Steptoe & Johnson PLLC

PHMSA Final Rule Expands Federal Oversight, Adds New Type of Regulated Gathering Line

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On November 2, 2021, the Pipeline and Hazardous Materials Safety Administration ("PHMSA") issued a Final Rule (the “Final Rule”) to revise 49 C.F.R. Parts 191 and 192 to expand federal oversight of U.S. onshore natural gas...more

Morgan Lewis

Natural Gas Gathering Pipelines Subject to Federal Oversight by PHMSA

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The US Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule on November 2, 2021 expanding the applicability of the federal pipeline safety regulations to certain...more

Holland & Knight LLP

Final Water Quality Certification Rule Published

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On March 29, 2021, the Federal Energy Regulatory Commission (FERC) published its Final Rule regarding Waiver of the Water Quality Certification Requirements of Section 401(a)(1) of the Clean Water Act in the Federal Register...more

Perkins Coie

Army Corps Reissues Clean Water Act Nationwide Permits With Energy, Infrastructure Project Implications

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The U.S. Army Corps of Engineers published in the Federal Register changes to its Clean Water Act Nationwide Permits (NWPs). The final rule, published on January 13, 2021, reissues 12 existing NWPs and issues four new NWPs....more

Steptoe & Johnson PLLC

New Nationwide Permit 12 Released by United States Army Corps of Engineers

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The United States Army Corps of Engineers (Corps) has completed its rule-making and released a pre-publication version of its final rule reissuing and modifying 12 existing nationwide permits (NWPs) and issuing four new NWPs....more

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

404 Nationwide Permits/Clean Water Act: U.S. Corps of Engineers Finalizes Revisions/Renewal of Certain NWPs

The United States Army Corps of Engineers (“Corps”) issued on August 3rd a final rule revising and renewing certain Nationwide Permits (“NWPs”) under Section 404 of the Clean Water Act. The Corps issues two types of Clean...more

Downey Brand LLP

California Pipelines Face New Hurdles As the State Adopts Final Rules to Protect its Coastline

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The California Office of the State Fire Marshal (“OSFM”) finalized its regulations implementing Best Available Technology (“BAT”) requirements for hazardous liquid pipelines, effective October 1, 2020. The proposed...more

Pillsbury Winthrop Shaw Pittman LLP

Trump Administration Finalizes Updates to NEPA Regulations

The final NEPA rule substantially revises environmental review procedures and incorporates most of the perceived controversial changes proposed last January, including elimination of cumulative impact analysis, and shortening...more

King & Spalding

Climate Change Litigation on the Horizon with Trump Environmental Overhaul

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On July 16, 2020, President Trump’s Council on Environmental Quality (“CEQ”) published the long-awaited final rule revising the implementing regulations for the National Environmental Policy Act (“NEPA”). 85 Fed. Reg. 43,304...more

King & Spalding

FERC Adopts Regulations Delaying Construction of Federally-Regulated Natural Gas Projects Until it Rules on Requests for Rehearing

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On June 9, 2020, the Federal Energy Regulatory Commission (FERC) issued a final rulemaking order amending its regulations to preclude the commencement of construction of FERC-authorized natural gas pipeline, storage and...more

Morgan Lewis

The Next Big Things: Insights for 2020

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Autonomous cars, sports betting, and CBD products have burst onto the scene, setting the stage for major developments in how companies do business and how regulators monitor new innovations....more

Steptoe & Johnson PLLC

PHMSA’s New Rules Aim to Overhaul Pipeline Safety

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On October 1, 2019, the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) published three final rules relating to the transportation of hazardous liquids and gas along regulated sectors of the nation’s...more

Dorsey & Whitney LLP

PHMSA Issues Three New Rules to Promote Pipeline Safety

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On October 1, 2019, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued three new rules to promote pipeline safety. The first, the MAOP Reconfirmation Rule, is the result of Congressional mandates,...more

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

Molten Sulfur Residue/Transportation: U.S. Pipeline and Hazardous Materials Safety Administration Addresses Hazardous Materials...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a June 24th interpretive letter the applicability to the Hazardous Materials Regulations (“HMR”) to residue of molten sulfur on...more

Blank Rome LLP

FERC Reaffirms Its Final Rule on Rate Changes Relating to Federal Income Tax Rates for Natural Gas Pipelines

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The Commission’s recent order upholds the Form No. 501-G filing requirement, which was designed to determine whether pipelines are over-recovering on their cost of service in light of recent federal income tax rate and policy...more

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

Hazardous Materials Regulations Revisions: U.S. Pipeline and Hazardous Materials Safety Administration Addresses Industry...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a November 7th final rule amending the federal Hazardous Materials Regulations (“HMR”). See 83 Fed. Reg. 55792. The Hazardous...more

Orrick, Herrington & Sutcliffe LLP

FERC Issues Final Rule Regarding Income Tax Allowances in Rate Setting for Pipelines: MLPs Not Precluded from Tax Allowance

On Wednesday, July 18, 2018, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a final rule regarding the application of income tax rate reductions in setting natural gas pipeline rates.  ...more

Holland & Knight LLP

NTSB Publishes Two Rules Governing Agency Investigative Regulations

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The National Transportation Safety Board (NTSB) on June 29, 2017, published a final rule covering 49 C.F.R. 831 subparts A-D and an interim final rule for 49 C.F.R. 831 subpart E, both of which are effective July 31, 2017...more

Stoel Rives LLP

Some Not-So-Good News Out of Washington, D.C. for Pipeline Operators – Feds Increase Fines for Pipeline Safety Violations

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President Trump’s recent executive orders have benefited the oil pipeline industry in a number of ways, including most notably, giving the final “okay” to the Dakota Access Pipeline. But some legislative mandates have been...more

Holland & Knight LLP

Clean Water Act Nationwide Permits Reissued: Permit Streamlining Remains Intact

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The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...more

Morrison & Foerster LLP

Pipeline Safety: PHMSA Releases New Rule on Emergency Authority

On Monday, October 3, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) released an interim final rule (IFR) establishing procedures to implement new imminent hazard authority created by the PIPES Act...more

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