News & Analysis as of

Infrastructure Natural Gas Energy Policy

Mayer Brown

New Decree Regulating the Gas Law Published

Mayer Brown on

On August 27, 2024, Brazilian President Luiz Inácio Lula da Silva signed five documents at a ceremony to approve the national energy transition policy: (i) revoking Decree 9.928/19, which established the Technical Committee...more

Cornerstone Research

U.S. Natural Gas Marketed Production Reaches Record Highs

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Ukraine War contributes to substantial increase in U.S. LNG exports to Europe. Washington—Annual marketed production of natural gas increased in the United States to a record high in 2022...more

Jones Day

U.S. Senators Release Long-Awaited Energy Permitting Reform Bill

Jones Day on

On July 22, 2024, U.S. Senators Joe Manchin (I-WV) and John Barrasso (R-WY) released a long-awaited energy permitting reform bill, which aims to accelerate the permitting process for critical energy, mineral, and related...more

Troutman Pepper

FERC Initiates Inquiry into Capacity Allocation on Non-Contiguous Pipeline Segments

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On March 21, 2024, FERC issued a Notice of Inquiry (“NOI”) seeking additional information on whether the Commission should continue to allow interstate pipelines to package “high value” capacity with non-contiguous and...more

Troutman Pepper

Senate Committee Considers Three New FERC Nominees

Troutman Pepper on

On March 21, 2024, the Senate Committee on Energy and Natural Resources held a hearing to consider President Biden’s three recent nominations to the Federal Energy Regulatory Commission (“FERC” or “Commission”): (1) David...more

K&L Gates LLP

It's a Gas! Federal and State Developments Continue to Light Up the Natural Gas Debate

K&L Gates LLP on

In April 2023, we reported on the US Court of Appeals for the Ninth Circuit’s decision in California Restaurant Association (CRA) v. City of Berkeley striking down a Berkeley ordinance that prohibited natural gas piping in...more

Verrill

Can Building Codes Ban Natural Gas After 9th Circuit Court Declines Rehearing?

Verrill on

The 9th Circuit Court of Appeals’ refusal to rehear a pivotal gas appliance regulation decision has thrown a wrench into local efforts to reduce fossil fuel use....more

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

Energy Policy and Conservation Act/Berkeley, California, Building Code: Federal Appellate Court Confirms Preemption in Rehearing...

The United States Court of Appeals Ninth Circuit (“Ninth Circuit”) addressed in a January 2nd Order and Amended Opinion (“Order”) a challenge to a Berkeley, California, building code provision that prohibited the installation...more

Foley Hoag LLP - Energy & Climate Counsel

New York Releases Preliminary Outline of Cap-and-Invest Program

On December 20, 2023, the New York State Department of Environmental Conservation (DEC) and the New York State Energy Research and Development Authority (NYSERDA) released a pre-proposal outline of New York State’s...more

Schwabe, Williamson & Wyatt PC

Potential Impact of Ninth Circuit Decision Holding that EPCA Preempts Prohibition of Natural ‎Gas Infrastructure

In April, the Ninth Circuit held that a city’s ban on new natural gas hookups for new ‎construction was preempted by federal law. This may impact proposed or existing bans in Oregon ‎including in Eugene and Bend, and in...more

(ACOEL) | American College of Environmental...

The Berkeley Ban Is Not the Only Answer

As Seth Jaffe posted last week, the 9th Circuit recently struck down the City of Berkeley’s first-in-the-nation electrification ordinance that prohibited the installation of gas infrastructure in new buildings, finding the...more

Goldberg Segalla

New Ninth Circuit Ruling: City of Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

Goldberg Segalla on

On Monday, April 18, the Ninth Circuit Court of Appeals issued a ruling in California Restaurant Association v. City of Berkeley, overturning a lower federal district court’s ruling to revoke the City of Berkeley,...more

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

Energy Policy and Conservation Act/Berkeley, California, Building Code: Federal Appellate Court Addresses Preemption Issue

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in an April 17th Opinion a challenge to a Berkeley, California, building code provision that prohibited the installation of natural gas...more

Stinson LLP

White House Announces New Guidance on Evaluating Greenhouse Gas Emissions

Stinson LLP on

On January 6, 2023, the White House’s Council on Environmental Quality (CEQ) announced new interim guidance for evaluating greenhouse gas (GHG) emissions and climate change under the National Environmental Policy Act...more

Stikeman Elliott LLP

Alberta Utilities Commission Releases Hydrogen Inquiry Report

Stikeman Elliott LLP on

In March 2022, after publishing a Hydrogen Roadmap in late 2021 and identifying Alberta as being well-positioned to participate in the global hydrogen economy, the Government of Alberta directed the Alberta Utilities...more

Morgan Lewis

Considerations for Transporting a Blended Hydrogen Stream in Interstate Natural Gas Pipelines

Morgan Lewis on

Hydrogen has been widely touted as a solution to achieve ambitious emissions reduction goals. But in order to unleash hydrogen’s potential as a viable energy source to meet current targets, it needs to be produced in larger...more

Morgan Lewis - Power & Pipes

Delaware River Basin Commission Converts Fracking Moratorium into Permanent Ban

The Delaware River Basin Commission (DRBC) on February 25, 2021, approved a new regulation formally prohibiting high-volume hydraulic fracturing (HVHF), or fracking, in the Delaware River Basin. The final rule makes permanent...more

Morgan Lewis - Power & Pipes

FERC to Investigate Natural Gas and Electricity Markets in Wake of Texas Storm

The Federal Energy Regulatory Commission (FERC) announced on February 22 that its Office of Enforcement would examine wholesale natural gas and electricity market activity during last week’s extreme cold weather ...more

Morgan Lewis

FERC Focuses on Environmental Justice in Pipeline Certification Policy Statement

Morgan Lewis on

The Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) on February 18 seeking new information and comments on whether it should revise its policy statement on the certification of new interstate...more

Morgan Lewis - Power & Pipes

Glick Brings Environmental Justice to the Forefront

FERC Chairman Richard Glick announced his plans on February 11 to better incorporate environmental justice and equity concerns into FERC’s decision making process. Improving the process for reviewing and determining the need...more

Morgan Lewis - Power & Pipes

Department of Energy Predicts Substantial Impact From Fracking Ban

The US Department of Energy submitted a report to the president last month on “Economic and National Security Impacts under a Hydraulic Fracturing Ban.” This 80-page report analyzed the effects of a hypothetical United States...more

Morgan Lewis

New Natural Gas Infrastructure Likely to Face Challenges During Biden Administration

Morgan Lewis on

Action, or in some cases inaction, by the Federal Energy Regulatory Commission (Commission or FERC) during its last open meeting before the start of the Biden administration sent a strong message to the natural gas industry...more

Mayer Brown

When the Going Gets Tough the Tough get Going: Brazil Oil & Gas Thrives Despite the Pandemic

Mayer Brown on

Annus horribilis. This is a moniker that oil and gas insiders might well apply to 2020 given the disastrous effects on the industry from Covid-19 pandemic (“Pandemic”) and its accompanying recession which brought a...more

Morgan Lewis - Power & Pipes

FERC Proposes Revisions to Its Price Index Policy to Encourage Price Reporting

The Federal Energy Regulatory Commission (FERC) proposed revisions to its Policy Statement on Natural Gas and Electric Price Indices (Policy Statement) on December 17 to encourage market participants to report transactions to...more

Morgan Lewis - Power & Pipes

FERC’s 2020 Enforcement Report Shows Fewer Investigations Opened, Resolved

The Federal Energy Regulatory Commission (FERC or the Commission) Office of Enforcement (OE) issued its 2020 Report on Enforcement on November 19. The report provides a review of OE’s activities during fiscal year 2020 (FY...more

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