News & Analysis as of

Natural Gas Supreme Court of the United States

Akin Gump Strauss Hauer & Feld LLP

Artificial Intelligence and Grid Reliability Among Hot Topics on FERC’s Radar in Testimony Before U.S. House of Representatives...

On Wednesday, July 24, 2024, the U.S. House of Representative Committee on Energy and Commerce held a Subcommittee on Energy, Climate, and Grid Security hearing to review the Federal Energy Regulatory Commission (FERC or...more

Nutter McClennen & Fish LLP

Environment & Energy Insights (June 2024)

Welcome to June’s Environment & Energy Insights Newsletter. This month we are covering: - Legal challenges to natural gas infrastructure bans, including a possible suit in Massachusetts - Possible climate/energy bill...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

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

Flaster Greenberg PC

In Both the USA and Israel, Energy Issues Test the Limits of Supreme Court Power

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The right-wing government of Israeli Prime Minister Benjamin (Binyamin) Netanyahu and the left-wing government of US President Joseph Biden do not often see eye-to-eye on many issues, but both curiously have in common a...more

Steptoe & Johnson PLLC

Supreme Court Limits the Use of Federal Administrative Law Judges; Related FERC Cases Pending

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On April 14, 2023, the U.S. Supreme Court issued an opinion that is expected to result in historic changes to the Federal Energy Regulatory Commission’s (FERC) use of in-house administrative law judges (ALJs). In Axon...more

ArentFox Schiff

Ninth Circuit Rejects Berkeley, California Ban on Natural Gas Hookups in New Construction

ArentFox Schiff on

The Ninth Circuit recently weighed in on whether localities’ natural-gas infrastructure bans are preempted by federal laws including the Energy Policy and Conservation Act (EPCA). Some background. Many regulators and...more

Flaster Greenberg PC

Berkeley, California Ban on Natural Gas Infrastructure Struck Down

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Earlier this week, the Ninth Circuit Court of Appeals handed down a very important ruling concerning the regulation of the use of both natural gas and appliances that use natural gas. In California Restaurant Association...more

Foley Hoag LLP - Environmental Law

Berkeley’s Ban on Natural Gas in New Construction is Preempted: What Will Happen to Other Local Bans?

On Monday, the 9th Circuit Court of Appeals held that the City of Berkeley ordinance entitled “Prohibition of Natural Gas Infrastructure in New Buildings” was preempted by the Energy Policy and Conservation Act. The relevant...more

King & Spalding

West Virginia v. EPA: The Forecast is Cloudy for Environmental and Agency Regulation

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The United States Supreme Court recently issued its long-awaited opinion in West Virginia v. EPA, significantly restricting the Environmental Protection Agency’s (“EPA”) authority to combat climate change and regulate carbon...more

Jackson Lewis P.C.

U.S. Supreme Court’s Decision Curtailing Regulators May Raise ‘Major Questions’ for Employers

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The U.S. Supreme Court has issued a forceful rebuke against what it found to be agency overreach. West Virginia v. Environmental Protection Agency, No. 20-1530 (June 30, 2022)....more

Vinson & Elkins LLP

What Does the Supreme Court’s Recent Decision on Climate Regulation Mean for the Energy Industry?

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The Supreme Court ended its 2021 term with a much-anticipated decision in West Virginia v. EPA.1 The 6-to-3 decision held that the Environmental Protection Agency (“EPA”) does not have the authority under Section 111(d) of...more

White & Case LLP

Supreme Court Rules EPA Cannot Require Existing Fossil Fuel Power Facilities to Shift to Lower CO2 Emitting Sources of Electricity

White & Case LLP on

On June 30, 2022, the Supreme Court ruled that the US Environmental Protection Agency (EPA) cannot use the Clean Air Act to require fossil fuel power facilities to implement a measure known as "generation shifting" without...more

Pillsbury Winthrop Shaw Pittman LLP

Update: Supreme Court Issues Opinion in West Virginia v. EPA

The Supreme Court rejected EPA’s Obama-era Clean Power Plan in a decision that has significant implications both for future attempts by EPA to regulate CO2 emissions and for other agencies attempting to promulgate rules that...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

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

Holland & Knight LLP

Supreme Court Upholds Interstate Pipeline Eminent Domain Powers Over State Immunity

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In a 5-4 ruling decided on June 29, 2021, the U.S. Supreme Court in PennEast Pipeline Co. LLC v. New Jersey et al. affirmed the rights of Federal Energy Regulatory Commission (FERC)-certified pipelines seeking to use eminent...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

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

Pillsbury - Gravel2Gavel Construction & Real...

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

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

Morgan Lewis - Power & Pipes

Supreme Court to Review Third Circuit’s ‘Disruptive’ NGA Decision on Pipeline’s Power to Acquire Right-of-Way over State Lands

The US Supreme Court granted certification on February 3 to review the US Court of Appeals for the Third Circuit’s decision in In re PennEast Pipeline Co. in order to resolve an important question: Does the Natural Gas Act...more

Foley Hoag LLP - Energy & Climate Counsel

Supreme Court to Decide Eminent Domain Case

The U.S. Supreme Court has agreed to review a case that will have far-reaching consequences for interstate pipeline projects. The case, PennEast Pipeline Co. v. New Jersey, involves a FERC-approved natural gas pipeline...more

Ballard Spahr LLP

Supreme Court Agrees to Hear Pipeline Condemnation Case

Ballard Spahr LLP on

On February 3, the U.S. Supreme Court granted certiorari in PennEast Pipeline Company, LLC v. New Jersey, a case that could determine whether private gas companies can condemn state-owned property. In this case, a unanimous...more

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