News & Analysis as of

Certifications Oil & Gas Federal Energy Regulatory Commission

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

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

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

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

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