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Supreme Court of the United States › Pipelines

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Snell & Wilmer

D.C. Circuit Curbs Department of Transportation’s Pipeline Rules, Further Signaling an Everchanging Approach to the Administrative...

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Last week, the U.S. Court of Appeals for the District of Columbia Circuit vacated a series of regulations passed by the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA). The...more

Allen Matkins

California Environmental Law & Policy Update 2.23.24

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During arguments on Wednesday in the most significant environmental dispute before the U.S. Supreme Court this year, the Court's conservative justices expressed skepticism over the Environmental Protection Agency's efforts to...more

Akin Gump Strauss Hauer & Feld LLP

DC Circuit Reaffirms Jurisdictional Lines in Natural Gas Act

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On Tuesday, February 13, 2024, in Bohan v. FERC, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) for the second time affirmed a lower court’s finding that property owners could not bring a...more

Goldberg Segalla

Supreme Court Agrees to Hear Challenges to the EPA “Good Neighbor Plan”

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The Environmental Protection Agency, under the Clean Air Act, requires states to work with the EPA to address the interstate transport of air pollution. Under the “Good Neighbor Plan,” the EPA requires each state to implement...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: SCOTUS Rulings, the Fiscal Responsibility Act and the October 2023 Calendar

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The Supreme Court issued 58 opinions in the October 2022 Term. Rulings in several cases will affect the practice of regulatory and administrative law either directly or indirectly, as is recounted below. Before the Court...more

Goldberg Segalla

Congress Streamlined the Pipeline Construction by Limiting Court’s Jurisdiction

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On July 27, the U.S. Supreme Court issued a three sentence order that vacated the U.S. Court of Appeals for the Fourth Circuit’s orders staying the construction of the Mountain Valley Pipeline. The pipeline is being built...more

Troutman Pepper

Mountain Valley Pipeline To Resume Construction After Supreme Court Vacates Fourth Circuit’s Order Halting Construction

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On July 27, 2023, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fourth Circuit’s decision to grant the Wilderness Society’s motions to stay of construction on the Mountain Valley Pipeline (“MVP”) pending...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights - Issue 7, July 2023

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Q&A with the Carolina Small Business Development Fund - We are fortunate to have connected with Kevin Dick, the President & CEO, and Emily Blevins, Marketing & Communications Director, of the Carolina Small Business...more

Robinson+Cole Environmental Law +

SCOTUS Temporarily Resurrects Trump-ERA Clean Water Act Rule

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On April 6, 2022, by a 5-4 vote in the case of Louisiana, et. al. v. American Rivers, et. al., the Supreme Court temporarily resurrected a Trump-era rule that sought to stop the practice of many states and tribes from...more

Roetzel & Andress

U.S. Supreme Court Holds That Private Company Can Exercise Federal Condemnation Authority Over State-Owned Land

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The U.S. Supreme Court shocked many observers with its recent decision in PennEast Pipeline Co. v. New Jersey by holding that sovereign immunity does not insulate State-owned land from being condemned by a private company in...more

Vinson & Elkins LLP

2021 Energy and Chemicals Antitrust Report

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Antitrust activity increased significantly in 2021. This past year brought numerous changes in merger and non-merger enforcement policies and priorities that signal increased scrutiny in industry transactions. The “Biden...more

Holland & Hart LLP

Sovereign States Pitted Against Sovereign Tribes in Recent Federal District Court Decision

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On September 3, 2021, in a potentially far-reaching decision, the U.S. District Court in Minnesota decided that it could not intervene in a case brought by tribal members suing the State of Minnesota for a pipeline permit...more

Flaster Greenberg PC

The Supreme Courts Pipeline Decision Shows DC Still Has Adults In The Room

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On Wednesday, June 29, the United States Supreme Court handed down one of its most important decisions in years. In the case of PennEast Pipeline Company, LLC v. New Jersey, et al., by a narrow 5-4 margin, the Court affirmed...more

Opportune LLP

Court Rulings, Delays & Cancellations Underscore Challenges For Gas Pipeline Construction

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Find out what challenges the natural gas industry faces to construct new pipelines and how these challenges have impacted gas supplies, particularly in the Northeast....more

Troutman Pepper

Supreme Court Rules that PennEast, Gas Pipelines May Condemn State-Owned Land

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On June 29, 2021, the Supreme Court of the United States ruled that a certificate of public convenience and necessity issued by FERC under section 7 of the Natural Gas Act (“NGA”) authorizes a private company to exercise...more

Ballard Spahr LLP

Supreme Court Rules that Private Parties May Condemn State-Owned Property

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On Tuesday, the U.S. Supreme Court ruled 5-4 that private utilities may exercise eminent domain to take state-owned property under the Natural Gas Act (NGA). The decision resolved an issue that could have blocked construction...more

Dorsey & Whitney LLP

The Supreme Court - June 29, 2021

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Minerva Surgical, Inc. v. Hologic, Inc., No. 20-440: In the late 1990s, Csaba Truckai invented and patented a device to treat abnormal uterine bleeding. Truckai assigned his interest to his company, Novacept, which in turn...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides PennEast Pipeline Co. v. New Jersey

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On June 29, 2021, the U.S. Supreme Court decided PennEast Pipeline Co. v. New Jersey, No. 19-1039, holding that the Federal Government had properly delegated to private companies federal authority to condemn necessary...more

Nossaman LLP

SCOTUS’ Take On Takings

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The Supreme Court of the United States rarely hears anything related to eminent domain or takings cases; the Kelodecision in 2005 was the latest “big” case for our industry, although the 2019 Knick decision also made...more

Orrick, Herrington & Sutcliffe LLP

State Attorneys General Update – June 2021

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Washington, D.C., Attorney General Racine Sues Amazon - On May 25, 2021, Washington, D.C., Attorney General Karl Racine sued Amazon in the Superior Court of the District of Columbia for alleged antitrust violations under...more

Roetzel & Andress

Clean Water Act Update

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On March 28, 2017, former President Donald Trump issued Executive Order 13783, “Promoting Energy Independence and Economic Growth.” The Executive Order directed the U.S. Army Corps of Engineers (“Corps”) to immediately review...more

Flaster Greenberg PC

Marcellus Shale Update: The Energy Pipeline Battle Reaches a Supreme Court Climax

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On Wednesday, April 28, a major component of the legal battle in the fight over interstate oil and gas pipelines will reach a climax. In Washington, D.C., the United States Supreme Court will hear oral argument in the case...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Clean Air, Clean Water, Endangered Species and Deliberative Process Privilege

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The federal courts have issued some significant environmental law rulings in the past few days. THE U.S. SUPREME COURT - U.S. Fish and Wildlife Service v. Sierra Club, Inc. On March 4, 2021, the court held that the...more

Flaster Greenberg PC

Vote By Interstate Commission On Banning Fracking Raises A Multitude Of Legal Issues

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On Thursday, February 25, the Delaware River Basin Commission (DRBC) will vote on whether to ban fracking in the Delaware River Basin, or not. Given the current composition of the DRBC, it is likely that the ban will pass. If...more

Flaster Greenberg PC

Supreme Court To Decide If Pipeline Builder Can Seize 42 Properties In New Jersey

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Last week, the United States Supreme Court agreed to hear ​the legal dispute that has stymied completion of the proposed $1 Billion PennEast Pipeline from the Marcellus Shale gas fields of Northeastern Pennsylvania to Central...more

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