News & Analysis as of

Oil & Gas Certifications

Troutman Pepper

D.C. Circuit upholds FERC orders granting natural gas pipeline companies’ requests to extend project deadlines.

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The United States Court of Appeals for the District of Columbia (“D.C. Circuit”) recently upheld two FERC orders granting natural gas pipeline developers’ requests to extend their construction deadlines. The D.C. Circuit...more

White & Case LLP

Summary of FERC Meeting Agenda for September 2021

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's September 23, 2021 open meeting, pursuant to the agenda issued on September 16, 2021. Items E-4, E-19, and G-1 have not been summarized...more

Saul Ewing LLP

Seeking Certainty: FERC’s Final Rule Establishes Categorical One-Year Waiver Period for Water Quality Certification Requests for...

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On March 18, 2021, FERC issued a final rule, effective 90 days after publication in the Federal Register, establishing a categorical one-year deadline for certifying authorities (usually state agencies) to act on a request...more

Sheppard Mullin Richter & Hampton LLP

FERC Issues Second NOI Concerning Its Certificate Policy

On February 18, 2021, the Federal Energy Regulatory Commission (FERC or Commission) issued a renewed Notice of Inquiry (NOI) seeking input on potential revisions to its current Policy Statement on the certification of new...more

Sheppard Mullin Richter & Hampton LLP

FERC Seeks Further Comment Regarding Pipelines Initiating Construction While Rehearing is Pending

The FERC today issued Order No. 871-A, seeking further comment on modifications last summer to its regulations under Natural Gas Act Sections 3 and 7 that prohibited initiating pipeline construction, pending timely filing of...more

(ACOEL) | American College of Environmental...

When States Get Serious About Phasing Out Natural Gas

A decision issued on May 15 by the New York Department of Environmental Conservation (DEC) denying approvals for a new natural gas pipeline is sending shivers through the energy industry. Though the decision was based...more

White & Case LLP

Summary of FERC Meeting Agenda for November 2019

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s November 21, 2019 meeting, pursuant to the agenda as issued on November 14, 2019. Agenda items E-21 and G-4 have not been summarized...more

Pierce Atwood LLP

EPA Issues Proposed Rule Updating Regulations on CWA Water Quality Certifications

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On August 8, 2019, the U.S. Environmental Protection Agency (EPA) issued a proposed rule to update regulations implementing Section 401 of the Clean Water Act (CWA). The rule was proposed in response to President Trump’s...more

Akin Gump Strauss Hauer & Feld LLP

EPA to States: Don’t Rock the Boat with Water Quality Certification Review

On June 7, 2019, the U.S. Environmental Protection Agency (EPA) issued updated guidance to “clarify and provide recommendations concerning the implementation of” Section 401 of the Clean Water Act (CWA), which could have...more

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

Liquefied Natural Gas Export Facility: Oregon Department of Environmental Quality Denial of 401 Water Quality Certification

The Oregon Department of Environmental Quality (“ODEQ”) issued a May 6th denial of a Clean Water Act Section 401 Water Quality Certification for a proposed liquid natural gas export facility (“Facility”) in Coos Bay, Oregon. ...more

Sheppard Mullin Richter & Hampton LLP

FERC Holds the Line on One-Year Limit for State Review of Clean Water Act Certifications for Interstate Natural Gas Pipelines

On April 2, 2019, the Federal Energy Regulatory Commission (“FERC” or “Commission”) determined that the one-year statutory limit on state review of interstate natural gas pipeline company applications for water quality...more

Flaster Greenberg PC

NESE: Governor Cuomo Will Decide – And NYC Will Face The Consequences

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While little noticed outside of the energy industry, New York Governor Andrew Cuomo is about to make one of the seminal decisions of his tenure. Before May 16, 2019, Governor Cuomo must decide whether to allow the New York...more

Snell & Wilmer

Coal Exports: The Trump Administration and Western States Take Action to Open Ports for Shipment of Coal

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On April 10, 2019, President Donald Trump signed an Executive Order seeking to address permitting and policy obstacles preventing the export of coal and other energy resources through West Coast ports. New port facilities and...more

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

Natural Gas Pipeline/Clean Water Act: Federal Appellate Court Addresses Challenge to New York Denial of 401 Certification

The United States Court of Appeals for the Second Circuit (“Court”) addressed in a February 5th Summary Order (“Order”) the New York State Department of Environmental Conservation’s (“NYDEC”) denial of a Section 401 Clean...more

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

Natural Gas Pipeline/Clean Water Act: Federal Appellate Court Addresses Challenge to 401 Certification

The United States Court of Appeals (Fourth Circuit) (“Court”) addressed in a January 14th opinion a Virginia Section 401 certification of the proposed Atlantic Coast Pipeline. See Appalachian Voices v. State Water Control...more

Spilman Thomas & Battle, PLLC

Economic Progress Coming Soon to the West Virginia Natural Gas Industry - WVSCA Affirms Siting Certificate

As has been reported in a number of news and industry outlets recently, West Virginia lags very far behind neighboring Ohio and Pennsylvania in developing new base load power plants that are powered and supplied by the...more

Bricker Graydon LLP

FERC to review certification policies for natural gas pipelines

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The Federal Energy Regulatory Commission (FERC) will review its policies on certification of natural gas pipelines, according to FERC Chairman Kevin McIntyre. ...more

Spilman Thomas & Battle, PLLC

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

Pillsbury - Gravel2Gavel Construction & Real...

Second Circuit Upholds Denial of CWA Certification Where Applicant Failed to Submit Requested Information

The U.S. Court of Appeals for the Second Circuit, in the case of Constitution Pipeline Company, LLC v. New York Department of Environmental Conservation, et al. (released August 18, 2017), rejected the Constitution Pipeline...more

Spilman Thomas & Battle, PLLC

Finally…..The Final Aboveground Storage Tank and Horizontal Well Rules

In March 2016, we predicted that the Aboveground Storage Tank Act (“AST Act”) and changes to the Natural Gas Horizontal Well Control Act (“Horizontal Well Act”) legislative rules would be approved by the West Virginia...more

Spilman Thomas & Battle, PLLC

Aboveground Storage Tanks: Where Are We Now?

Spilman Thomas & Battle attorneys have been following developments and changes in the Aboveground Storage Tank Act since it was first introduced in the West Virginia Legislature in 2014. The 2015 Regular Session saw a lot of...more

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