News & Analysis as of

Natural Gas Natural Gas Act Pipelines

Troutman Pepper

Senate introduces bipartisan legislation to give FERC retroactive refund authority under section 5 of the Natural Gas Act.

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On April 18, 2024, Senators Richard Blumenthal (D-CT) and Cindy Hyde-Smith (R-MS) introduced the Making Pipelines Accountable to Consumers and Taxpayers Act (“MPACT Act”) (S. 4171) that, if adopted, would grant FERC authority...more

McGuireWoods LLP

Federal Court Denies Attempt to Enjoin Appeal Before Pennsylvania Environmental Hearing Board

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On June 5, 2023, the U.S. District Court for the Middle District of Pennsylvania denied Transcontinental Gas Pipeline Co. LLC’s (Transco) attempt to enjoin an administrative appeal proceeding before the Pennsylvania...more

Davis Wright Tremaine LLP

FERC Acts to Protect Customers From Subsidizing New Pipeline Construction

After more than two years and much debate, FERC recently approved Gas Transmission Northwest LLC's (GTN) GTN XPress Project. GTN XPress was designed to add 150,000 Dth/d of pipeline capacity to the GTN system, enabling it to...more

Troutman Pepper

FERC Accepts Tennessee Gas Pipeline’s New PowerServe Rate Schedule and Authorizes Capacity Lease Agreement with Kinder Morgan

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On September 29, 2023, FERC approved Tennessee Gas Pipeline Company, L.L.C.’s (“TGP”) proposal to lease intrastate capacity from Kinder Morgan Texas Pipeline LLC (“Kinder Morgan”) to offer a new hourly transportation...more

Akin Gump Strauss Hauer & Feld LLP

Five Ratemaking Takeaways from FERC’s Panhandle Eastern Pipe Line Company, LP Order

On December 16, 2022, the Federal Energy Regulatory Commission (FERC) issued Panhandle Eastern Pipe Line Company, LP, its first opinion and order on an initial decision in a Natural Gas Act (NGA) section 4 general rate case...more

Paul Hastings LLP

FERC’s Proposed Expansion of Duty of Candor Could Increase Compliance Risk

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Can a seemingly innocuous requirement to tell the truth create unintended consequences? The Federal Energy Regulatory Commission (“FERC” or “Commission”) raised this question when it issued its July 28, 2022 Notice of...more

Davis Wright Tremaine LLP

Senator Manchin's Permitting Reform Bill Could End Debate Over Who Regulates Hydrogen Pipelines

Buried toward the end of the 91-page bill unveiled by Senator Manchin on September 21, 2022, is a small but significant provision amending the Natural Gas Act's (NGA) definition of natural gas to include "hydrogen mixed or...more

Troutman Pepper

FERC Proposes Changes to Filing and Reporting Requirements for NGA Section 4 Rate Cases

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On May 19, 2022, FERC issued a Notice of Proposed Rulemaking (NOPR) to establish a rule that would require natural gas pipelines to submit all supporting statements, schedules, and workpapers in native format, with all links...more

McGuireWoods LLP

FERC’s New Infrastructure and Environmental Impacts Priority – What to Expect in Enforcement Cases

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The Federal Energy Regulatory Commission (FERC) Office of Enforcement (OE) has historically focused on four “priorities,” as described in its annual Report on Enforcement. Those four priorities included (1) fraud and market...more

Davis Wright Tremaine LLP

FERC Defers Changes to Gas Project Approval Process

Just one month after issuing two policy statements expected to seriously impact the processing of applications for gas infrastructure projects, the Federal Energy Regulatory Commission (FERC) has made a midcourse correction...more

Vinson & Elkins LLP

In re Ultra Petroleum Corp. – Fifth Circuit: Debtors May Reject FERC-Approved Gas Transportation Agreements

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In Federal Energy Regulatory Commission v. Ultra Resources, Inc. (In re Ultra Petroleum Corp.),1 a panel of the Fifth Circuit Court of Appeals (the “Fifth Circuit Panel”) provided valuable clarity regarding a 2004 decision in...more

Holland & Knight LLP

FERC Backtracks on Pipeline Approval Policy Changes

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The Federal Energy Regulatory Commission (FERC) issued a brief order on March 24, 2022, backtracking on the historic – and divisive – changes it had announced several weeks ago to its natural gas pipeline certification...more

Beveridge & Diamond PC

FERC Issues New Policy for Natural Gas Project Certifications, for the First Time Formalizes Consideration of Environmental...

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Updated March 28, 2022 - As we previously reported, the Federal Energy Regulatory Commission (FERC) in February issued two new policy statements likely to have far-reaching implications for the agency’s approval of...more

Steptoe & Johnson PLLC

FERC Issues Landmark Changes to Pipeline Approval Process

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On February 17th, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued updates to its policies by which it determines whether to approve or deny an application to construct interstate natural gas...more

Vinson & Elkins LLP

FERC Complicates Natural Gas Infrastructure Application Process

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The Federal Energy Regulatory Commission (“FERC”) issued two important policy statements by a 3-2 vote on February 18, 2022 regarding the construction of natural gas facilities. The policy statements make numerous changes to...more

Holland & Knight LLP

FERC Changes Pipeline Approval Policies to Reflect Climate Change Concerns

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The Federal Energy Regulatory Commission (FERC) has made historic changes to its policies for approving the construction of natural gas pipeline facilities. These changes, which came in the form of two policy statements...more

Eversheds Sutherland (US) LLP

FERC puts climate change issues front and center for natural gas infrastructure

On February 18, 2022, the Federal Energy Regulatory Commission (FERC) issued two Policy Statements (i) updating its 1999 Policy Statement on the certification of new interstate natural gas pipeline facilities (Certificate...more

Locke Lord LLP

FERC Updates Natural Gas Pipeline ‎Certificate Policy Statement, GHG Policy

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On February 17, 2022, the Federal Energy Regulatory Commission (FERC) announced two new policy statements intended to bolster the “legal durability” of the approval process for future natural gas projects. The policy...more

Morgan Lewis - Power & Pipes

FERC Issues Show Cause Orders to Two Natural Gas Pipelines

The Federal Energy Regulatory Commission issued show cause orders to two natural pipelines—Rover Pipeline and Midship Pipeline Company—following its December 2021 open meeting, and sent a related dispute involving Midship for...more

Troutman Pepper

FERC Directs Pipeline to Respond to Potential Certificate Violations

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On December 16, 2021, FERC ordered Energy Transfer Partners, L.P. and its subsidiary Rover Pipeline, LLC (“Rover Pipeline”) to explain why it should not pay a $40 million civil penalty for alleged violations of the Natural...more

Flaster Greenberg PC

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

Flaster Greenberg PC on

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

Opportune LLP on

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides PennEast Pipeline Co. v. New Jersey

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

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