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