News & Analysis as of

Oil & Gas Comment Period

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

FERC Proposes to Largely Eliminate Compensation for Reactive Power

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On March 21, 2024, FERC proposed to prohibit transmission providers from being compensated through their transmission rates charges for reactive power that is within the standard power factor range from generating facilities....more

McGuireWoods LLP

PHMSA Proposes Revising Pipeline Safety Regulations

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On Sept. 7, 2023, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of proposed rulemaking (NPRM) titled “Pipeline Safety: Safety of Gas Distribution and Other Pipeline Safety Initiatives.”...more

Holland & Knight LLP

New York Drafts Policy for Evaluating Permitting Impacts on Disadvantaged Communities

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New York's groundbreaking Climate Leadership and Community Protection Act (the Climate Act) is known for being the country's most aggressive climate and clean energy statewide agenda. It calls for a mandated goal of a...more

Brownstein Hyatt Farber Schreck

EPA Proposes Significant Revisions to GHG Reporting Requirements in Subpart W

When the Environmental Protection Agency (EPA) launched the Greenhouse Gas Reporting Program (GHGRP) in 2009, the objective was to collect and publicly report greenhouse gas emissions data across certain industries. Through...more

Foley Hoag LLP - Energy & Climate Counsel

FERC Invites Post-Conference Comments on New England Gas-Electric Forum

The Federal Energy Regulatory Commission (“FERC”) hosted a forum on gas-electricity coordination issues in New England on June 20, 2023.  Now, FERC is seeking post-forum comments addressing items from the forum agenda as well...more

Locke Lord LLP

BOEM Wasn’t Built in a Day: After ‎Three Years New Financial Regulations Are Nearing ‎‎Finalization

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The Bureau of Ocean Energy Management (“BOEM”) along with the Bureau of Safety and Environmental Enforcement (“BSEE”) recently proposed changes to “modernize” financial assurance requirements for the offshore oil and gas...more

Troutman Pepper

EPA’s New Carbon Standards for Power Plants Require Quick Decisions

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EPA’s long-promised rules for reducing CO2 emissions from fossil fuel-fired power plants have now been published. In the proposal, EPA lays out “performance standards” for new natural gas-fired power plants and “emission...more

McNees Wallace & Nurick LLC

EPA Proposes New Limitations on Carbon Dioxide Emissions from Electric Generating Units

On May 11, 2023, USEPA announced proposed rules to further limit the emission of carbon dioxide (CO2) from power plants and other electric generating units (EGUs). Industry trade associations assert that these regulations are...more

Holland & Knight LLP

EPA Issues Long-Awaited Methane Emissions Regulations: Action Required for Every Wellsite

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The U.S. Environmental Protection Agency (EPA) on Nov. 11, 2022, announced at COP27 its plans to strengthen proposed standards to reduce methane emissions and other air pollutants. While the proposed regulation is complex and...more

Bricker Graydon LLP

Attention Ohio energy developers: Ohio Power Siting Board issues proposed rule revisions

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On June 16, 2022, the Ohio Power Siting Board (“Board” or “OPSB”) issued a comprehensive set of proposed revisions to the rules governing the procedures before the OPSB and its siting criteria. The Order culminates a...more

Troutman Pepper

FERC Changes Policy Statements on Pipeline Certification and GHG Emissions to Draft Policy Statements, Seeks Comment on Draft...

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On March 24, 2022, FERC changed course and designated the two policy statements it issued last month regarding the certification of interstate natural gas pipelines (“Updated Policy Statement”) and consideration of greenhouse...more

Pierce Atwood LLP

Update: FERC Commissioners Vote Unanimously to Revise Pipeline Certificate and GHG Emission Policy Statements

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The Federal Energy Regulatory Commission has reached consensus to revise the two policy statements it issued on February 18, 2022, impacting the permitting and construction of new natural gas pipeline facilities...more

Husch Blackwell LLP

FERC Updates Gas Pipeline Certificate Policy Statement and Issues Interim Policy Statement on GHG Emissions

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On February 17, 2022, the Federal Energy Regulatory Commission issued an updated policy statement on the certification of new interstate natural gas facilities (Updated Policy Statement). This Updated Policy Statement...more

Vinson & Elkins LLP

EPA Extends Comment Period for Oil and Gas Methane and VOC Emissions Rulemaking

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On November 15, 2021, the Environmental Protection Agency (“EPA”) published a proposed rule that included three separate actions under the Clean Air Act that target new and existing air emission sources at oil and natural gas...more

Morgan Lewis - Power & Pipes

EPA Proposes Rule to Reduce Greenhouse Gas Emissions

The US Environmental Protection Agency (EPA) recently issued a proposed rule under the Clean Act intended to reduce emissions of greenhouse gases (GHGs) and air pollutants from crude oil and natural gas operations...more

Jones Day

EPA Proposes Methane Emission Regulation for Existing Oil and Gas Production

Jones Day on

After years of attempts with varying success to regulate methane emissions from new oil and gas wells, the Biden administration has shifted strategy in proposing a regulatory program covering both new and existing oil and...more

Dorsey & Whitney LLP

U.S. EPA Proposes New Emissions Guidelines to Reduce Methane from the Oil and Gas Industry

Dorsey & Whitney LLP on

On November 2, 2021, the U.S. Environmental Protection Agency (“EPA”) issued a proposed rule that is intended to significantly reduce emissions of greenhouse gases (“GHGs”) and other air pollutants from the crude oil and...more

Jones Day

California Air Resources Board Preparing Scoping Plan for Carbon Neutral Future

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The California Air Resources Board ("CARB") is conducting public workshops during the fall of 2021 as part of its planning for the next Climate Change Scoping Plan, which will lay out strategies for achieving California's...more

Nossaman LLP

Biden Administration Turns Its Focus on Birds

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In the last few weeks, the U.S. Fish and Wildlife Service (Service) has published several major regulatory actions affecting federal avian protections.  The Service has repealed a Trump-era rule that excluded incidental take...more

Nossaman LLP

Trump Administration Bird Rule on the Chopping Block

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On May 7, 2021, the U.S. Fish and Wildlife Service (USFWS), as many anticipated, published a proposed rule to revoke a Trump Administration rule impacting the scope of the Migratory Bird Treaty Act (MBTA).  The Trump...more

Morgan Lewis - Power & Pipes

FERC Proposes to Collect New Upstream Owner Data from Holding Companies of MBR Entities Holding Certain Blanket Authorizations

FERC issued a Notice Seeking Comments on March 18 on its proposal to collect additional data from market-based rate (MBR) Sellers whose ultimate upstream affiliate(s) own their voting securities under a Federal Power Act...more

Eversheds Sutherland (US) LLP

FERC gas pipeline certificate NOI signals shift at FERC under new Administration

On February 18, 2021, the Federal Energy Regulatory Commission (FERC or Commission) issued a supplemental Notice of Inquiry (February 2021 NOI) seeking additional comments on whether and how it should revise its approach...more

Troutman Pepper

FERC Proposes Guidance on Oil Pipeline Carrier Contracts with Affiliates

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On October 15, 2020, FERC issued a notice of proposed policy statement (“Proposed Policy Statement”) with proposed guidance for oil pipeline carriers to demonstrate through tariff filings or declaratory order petitions that...more

Pierce Atwood LLP

FERC Proposes Policy Statement on Oil Pipeline Affiliate Contracts

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On October 15, 2020, the Federal Energy Regulatory Commission (FERC) issued a proposed policy statement containing guidance for oil (and petroleum products) pipeline common carriers proposing rates and terms pursuant to...more

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