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 power to enforce a rule intended to slash air pollution associated with warehouses could one day rest in the hands of citizens who are willing to go to federal court. Several Inland members of Congress recently signed a...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
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
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
On the reservation of the Confederated Tribes of Warm Springs in Central Oregon, it’s wildfire season. As of August 25, two fires were burning. Fortunately, firefighters have been able to bring in air support to help put out...more
On July 9, 2020, the Supreme Court issued its opinion in McGirt v. Oklahoma, ruling that most of the eastern half of Oklahoma is an Indian reservation. While the decision ostensibly resolves a jurisdictional challenge to a...more
On June 1, 2020, the U.S. Environmental Protection Agency finalized a regulation intended to reduce the ability of individual states, Native American tribes or interstate regulatory agencies to veto federal permits for...more
N. Plains Res. Council v. United States Army Corps of Eng’rs, No. 4:19-cv-00044-BMM, 2020 BL 35412 (9th Cir. May 14, 2020) - Oil and gas pipeline construction may no longer proceed under Nationwide Water Permit 12 (“NWP...more
Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s May 21, 2020 meeting, pursuant to the agenda as issued on May 14, 2020. Due to COVID-19 and measures undertaken by government...more
On 23 March 2020, the Narragansett Indian Tribe filed for reconsideration of a D.C. Circuit ruling in favor of the Federal Energy Regulatory Commission (FERC), finding that the Narragansett Tribe did not have standing to sue...more
The latest battlefield in the American pipeline wars is one of the most celebrated, venerable and scenic places in the United States - the Appalachian Trail. Stretching about 2,200 miles from Maine to Georgia, the Appalachian...more
People in the United States who wonder how far pipeline protests can go, and how disruptive they can be, need only look north to Canada. As this article is written, much of the national Canadian rail system has been shut down...more
Assistant Secretary Tara Sweeney joined the Department of the Interior a few weeks ago and inherited a tribal agenda that has sent shockwaves through tribal communities. In the first days of his administration, President...more
This article supplements our multi-part series on changes to Canada’s regulatory regime governing project development and operation in Canada. This post summarizes the proposal to establish the Canadian Energy Regulator...more
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
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
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
In the initial week of the Trump Administration, a lot has happened and more changes are planned. Here are the highlights from Week One: Confirmation Hearings - Confirmation hearings were conducted for Scott Pruitt...more
On January 24, the Trump Administration issued one Executive Order and Three Presidential Memoranda that affect energy projects in the United States, including in particular two pipeline projects blocked by the Obama...more
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
Have one or several playa lakes on or near a well pad in the Permian Basin? An access road nearby an ephemeral tributary of the Green River in the Uintah Basin? A pipeline that traverses lands dotted with prairie potholes in...more
Governor Brown has signed two new bills amending the California Environmental Quality Act (CEQA). AB 52 establishes new consultation procedures with California Native American tribes, and provides that an adverse change to a...more