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Retroactive Application Oil & Gas

Troutman Pepper

Senate introduces bipartisan legislation to give FERC retroactive refund authority under section 5 of the Natural Gas Act.

Troutman Pepper on

On April 18, 2024, Senators Richard Blumenthal (D-CT) and Cindy Hyde-Smith (R-MS) introduced the Making Pipelines Accountable to Consumers and Taxpayers Act (“MPACT Act”) (S. 4171) that, if adopted, would grant FERC authority...more

Troutman Pepper

Third Circuit Upholds PJM Capacity Market Change but Prevents Retroactive Application

Troutman Pepper on

On March 12, 2024, the U.S. Court of Appeals for the Third Circuit upheld a prospective rule change to PJM Interconnection, L.L.C.’s (“PJM”) annual capacity auction but struck down attempts by PJM and FERC to apply the rule...more

Houston Harbaugh, P.C.

Can Retroactive Pooling and Unitization Revive An Expired Lease?

As we have written about before, a troubling issue facing landowners in the Marcellus Shale region is the practice of retroactive pooling and unitization. Retroactive pooling and unitization occurs when a driller records an...more

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