News & Analysis as of

Sierra Club National Environmental Policy Act

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

Oil and Gas Pipeline Construction: Environmental Organizations File Judicial Challenge to U.S. Corps of Engineers Nationwide...

The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps...more

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

Proposed Methanol Manufacturing/Shipping Terminal (Kalama, Washington): Sierra Club Files National Environmental Policy Act...

The Sierra Club and several other organizations (collectively “Sierra Club”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Western District of Washington...more

Sullivan & Worcester

Greenhouse Gas Quantification Under FERC’s Pipeline Certification Process

Sullivan & Worcester on

Since our last article discussing the way in which the Federal Energy Regulatory Commission ("FERC" or "the Commission") considers greenhouse gas (GHG) emissions and climate impacts in the pipeline certification process, the...more

Sheppard Mullin Richter & Hampton LLP

D.C. Circuit Says NEPA Requires FERC To Inquire Into Up and Downstream Effects of Pipeline Project

In a recent opinion, the D.C. Circuit suggested the Federal Energy Regulatory Commission (FERC) must attempt to obtain information necessary to evaluate the environmental effects of a proposed interstate pipeline project due...more

Sullivan & Worcester

FERC Continues to Forge Its Own Path in Considering Climate Impacts in Pipeline Applications

Sullivan & Worcester on

Among other responsibilities, the Federal Energy Regulatory Commission ("FERC" or "the Commission") approves and issues construction certificates for interstate gas pipelines and related infrastructure under section 7 of the...more

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

Modification of a Wetland Mitigation Bank Boundaries: U.S. District Court Addresses Challenge to U.S. Corps of Engineers Approval

A United States District Judge for the Middle District of Florida addressed in an August 13th opinion whether the St. Johns River Water Management District (“SJRWMD”) and the Army Corps of Engineers (the “ACOE”) violated: ...more

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

Border Wall Waiver: Environmental Organizations U.S. Court of Appeals 9th Circuit Appeal

A number of environmental organizations filed a Notice of Appeal before the United States Court of Appeals for the 9th Circuit Challenging the United States Department of Homeland Security Secretary’s August 2, 2017,...more

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

Proposed Bayou Bridge Pipeline/Louisiana: Environmental Organizations File Federal District Court Challenge to U.S. Corps of...

A number of environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”)in the United States District Court for Middle District of Louisiana challenging certain federal permits and...more

Blank Rome LLP

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

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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

Troutman Pepper

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

Troutman Pepper 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

Snell & Wilmer

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

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

Perkins Coie

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

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

A&O Shearman

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

A&O Shearman 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

WilmerHale

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

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

Hogan Lovells

D.C. Circuit Denies Sierra Club’s Petition Challenging DOE’s Orders Authorizing Exports for the Freeport LNG Terminal

Hogan Lovells on

On August 15, 2017, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied Sierra Club’s petition challenging the United States Department of Energy’s (“DOE”) decision to authorize the...more

Beveridge & Diamond PC

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

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

Pillsbury - Gravel2Gavel Construction & Real...

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

Pillsbury - Gravel2Gavel Construction & Real...

DC Circuit Again Shuts Down Sierra Club’s Challenges to LNG Export Licenses

On August 15, the U.S. Court of Appeals for the D.C. Circuit decided the case of Sierra Club v. U.S. Department of Energy. The Sierra Club challenged the U.S. Department of Energy’s (DOE) grant of a license to export...more

Cadwalader, Wickersham & Taft LLP

D.C. Circuit Upholds DOE’s Authorization of LNG Exports from the Freeport LNG Terminal

On Tuesday, August 15, 2017, the U.S. Court of Appeals for the District of Columbia Circuit rejected Sierra Club’s petition for review of a U.S. Department of Energy (“DOE”) order authorizing long-term exports of liquefied...more

A&O Shearman

DC Circuit Denies Sierra Club Appeal of FERC Authorization of Two LNG Facilities

A&O Shearman on

Since 2012, the major opponent of new large-scale liquefied natural gas (LNG) export projects has been the Sierra Club. The Sierra Club has adopted a two-pronged approach in its opposition to LNG exports projects, opposing...more

A&O Shearman

Energy Update - September 2016

A&O Shearman on

We are pleased to release the latest issue of our client newsletter, Energy Update, designed to inform clients and friends of the firm about important developments affecting US and international energy markets. ...more

Cadwalader, Wickersham & Taft LLP

D.C. Circuit Upholds FERC’s NEPA Analysis in Sabine Pass and Freeport LNG Projects

On June 28, 2016, the U.S. Court of Appeals for the District of Columbia Circuit rejected two related challenges to the Federal Energy Regulatory Commission’s environmental review of the Sabine Pass LNG and Freeport LNG...more

Perkins Coie

The Importance of Independence: The Ninth Circuit Provides Helpful Clarification on Connected Actions in the Energy Project...

Perkins Coie on

The Ninth Circuit Court of Appeals has held that a right-of-way for an access road over Bureau of Land Management (BLM) land to connect a wind project to a state highway did not trigger formal consultation under the...more

Blank Rome LLP

More Pipeline Development Projects: What America Needs

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National Environmental Policy Act (“NEPA”) challenges to pipeline projects and other natural gas infrastructure have become a commonplace tool in recent years for environmental groups seeking to defeat or delay midstream...more

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