News & Analysis as of

Oil & Gas Energy Sector Natural Gas Act

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

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

Vinson & Elkins LLP

The Re-Solidification of FERC’s Driftwood Compromise

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At the Open Meeting held on September 21, 2023, the Federal Energy Regulatory Commission (“FERC” or “Commission”) approved four of the six Natural Gas Act (“NGA”) certificate orders for interstate natural gas pipelines and...more

Akin Gump Strauss Hauer & Feld LLP

DC Circuit Upholds FERC Orders on Weymouth Compressor Station

In Fore River Residents Against the Compressor Station v. FERC, decided on July 21, 2023, the U.S. Court of Appeals for the District of Columbia Circuit ended long-running litigation over the Federal Energy Regulatory...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

Troutman Pepper

FERC Authorizes Commonwealth LNG Export Facility

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On November 17, 2022, FERC approved an application authorizing Commonwealth LNG, LLC (“Commonwealth”) to site, construct, and operate a liquified natural gas (“LNG”) export terminal in Cameron Parish, Louisiana. The LNG...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

Blank Rome LLP

FERC Proposes Expansion of Duty of Candor Obligations

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On July 28, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Notice of Proposed Rulemaking (the “Notice”) in Docket No. RM22-20-000 to expand the scope of the duty of candor to all entities...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

Pillsbury Winthrop Shaw Pittman LLP

Hydrogen Industry Gets New Opportunity to Comment on FERC Pipeline Approval Policy

The Federal Energy Regulatory Commission has reopened the comment period for its natural gas infrastructure policy statements, giving the hydrogen industry a chance to champion policies that could promote hydrogen...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

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

Beveridge & Diamond PC

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

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At its February meeting, the Federal Energy Regulatory Commission (FERC or Commission) released a long-awaited Updated Policy Statement on Certification of New Interstate Natural Gas Facilities (Updated Policy Statement),...more

Davis Wright Tremaine LLP

FERC Modifies Gas Infrastructure Project Approval Process

At its February 2022 meeting, the Federal Energy Regulatory Commission (FERC) approved two policy statements that will significantly affect its processing of applications for gas infrastructure projects. In its Updated...more

Vinson & Elkins LLP

FERC Issues Two New Policy Statements Regarding Natural Gas Infrastructure Construction

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

White & Case LLP

Summary of FERC Meeting Agenda for January 2022

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's January 20, 2022 open meeting, pursuant to the sunshine notice released on January 13, 2022....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

Pierce Atwood LLP

Technical Conference Sparks Debate Over FERC’s Legal Authority to Consider Greenhouse Gas Emissions in Pipeline Certification...

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On November 19, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) convened a Staff-led technical conference to discuss methods natural gas companies may use to mitigate the effects of direct and indirect...more

Troutman Pepper

FERC Rejects Attempts to Waive $75 Million in Pipeline Penalties During Storm Uri

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On October 21, 2021, FERC denied multiple complaints against Panhandle Eastern Pipe Line Company, LP (“Panhandle”) regarding its refusal to waive all penalties associated with Operational Flow Orders (“OFO”) issued during the...more

Opportune LLP

Court Rulings, Delays & Cancellations Underscore Challenges For Gas Pipeline Construction

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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

Morgan Lewis - Power & Pipes

FERC Notice of Inquiry on Policy Statement on Interstate Natural Gas Pipeline Proposals Draws Industry Comment

Nearly 200 comments were filed in response to FERC’s February 18, 2021 Notice of Inquiry (NOI) that sought new information and perspectives on whether it should revise its policy statement on the certification of new...more

Troutman Pepper

FERC Maintains Order Directing Briefing Long After Authorizing Gas Facilities to Begin Operations, Prompting Dissent from...

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On May 19, 2021, FERC issued an order dismissing requests for rehearing of an order directing briefing (“Briefing Order”) about the operation of Algonquin Gas Transmission, LLC’s Atlantic Bridge project after finding that...more

Holland & Knight LLP

FERC To Natural Gas Pipeline Industry: What about Environmental Justice?

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The Federal Energy Regulatory Commission (FERC) recently invited public comment on environmental justice matters it may consider in future natural gas pipeline certificate proceedings, reopening a three-year-old notice and...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

Troutman Pepper

FERC Finds Abrogation of Gas TSAs Would Not Be in the Public Interest Ahead of Possible Bankruptcy Proceeding

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On October 28, 2020, FERC declined to abrogate or modify firm natural gas transportation service agreements (“Gulfport TSAs”) between Gulfport Energy Corporation (“Gulfport”) and Rockies Express Pipeline LLC (“Rockies...more

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