News & Analysis as of

Oil & Gas Section 401 Clean Water Act

Troutman Pepper

D.C. Circuit upholds FERC orders granting natural gas pipeline companies’ requests to extend project deadlines.

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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

Troutman Pepper

Second Circuit Sides with FERC – States May Not Agree to Revise the Certification Request Date to Avoid Waiver of its...

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On March 23, 2021, the United States Court of Appeals for the Second Circuit (the “Second Circuit” or the “Court”) agreed with FERC’s determination that the New York State Department of Environmental Conservation (“DEC”) had...more

Troutman Pepper

Second Circuit Enforces the Clean Water Act Section 401 One-Year Time Limit

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On March 23, the Second Circuit issued its opinion in N.Y. Dep’t of Enviro. Conservation v. FERC, Case No. 19-1610 (i.e., the “Empire Pipeline” case). The case concerns the Federal Energy Regulatory Commission’s (FERC or...more

Troutman Pepper

FERC Establishes Water Quality Certification Waiver Period for Natural Gas Projects

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On March 18, 2021, FERC issued a Final Rule amending its regulations to establish a one-year period for states, tribes, or other certifying authorities (“Certifying Agencies”) to act on a Clean Water Act (“CWA”) Section 401...more

Morgan Lewis - Power & Pipes

FERC Modifies Water Quality Certification Waiver Period for Gas Projects

FERC issued a final rule on March 18 amending its regulations to establish a one-year period for state agencies or other certifying authorities to act on requests for water quality certifications required for a certificate of...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2020

Coal Earnings Set to Plunge 50% in North America, Moody's Says - "Earnings for North American coal miners may plunge by more than half this year as the coronavirus pandemic makes a weak market even worse, according to...more

Allen Matkins

California Environmental Law & Policy Update - June 2020

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EPA limits states' power to stop oil and gas pipelines - Bullet NPR – June 1 - The U.S. Environmental Protection Agency (EPA) on Monday issued a new rule intended to expedite the approval process for pipeline...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 401 Water Quality Certification Waiver/Hydroelectric Relicensing: Federal Energy Regulatory Commission Addresses Southern...

The Federal Energy Regulatory Commission (“FERC”) issued a February 20th document titled: Declaratory Order on Waiver of Water Quality Certification (“Order”)...more

Stoel Rives LLP

EPA's New Section 401 Guidance: Will It Limit States' Authority or Just Make Them Mad?

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Frustrated by some states’ use of their Clean Water Act (CWA) section 401 authority to oppose or delay energy projects—particularly the transportation of fossil fuels—the Trump Administration last Friday issued the second...more

Akin Gump Strauss Hauer & Feld LLP

EPA to States: Don’t Rock the Boat with Water Quality Certification Review

On June 7, 2019, the U.S. Environmental Protection Agency (EPA) issued updated guidance to “clarify and provide recommendations concerning the implementation of” Section 401 of the Clean Water Act (CWA), which could have...more

Holland & Knight LLP

Why EPA’s Clean Water Act Section 401 Guidance Will Have No Practical Impact on Pipeline Projects

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The U.S. Environmental Protection Agency (EPA) recently announced the rollout of its new Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes which replaces an April 2010 Interim Guidance...more

Pillsbury - Gravel2Gavel Construction & Real...

As Some States Use the Clean Water Act to Delay Energy Projects, EPA Issues New CWA 401 Guidance

In just the past few weeks, three states have used their Clean Water Act 401 authority to delay, for an indefinite period, FERC-authorized pipeline expansion projects....more

Sheppard Mullin Richter & Hampton LLP

FERC Holds the Line on One-Year Limit for State Review of Clean Water Act Certifications for Interstate Natural Gas Pipelines

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

Beveridge & Diamond PC

Executive Orders Aim to Streamline Energy Infrastructure Projects 

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On April 10, 2019, President Trump signed two executive orders intended to address a range of legal and procedural hurdles commonly facing infrastructure projects, particularly in the energy sector. Most notably, the...more

Davis Wright Tremaine LLP

Trump Track: Clean Water Act §401—Whose Certification Is It?

As part of the Administration’s policy in favor of domestic oil and gas development, on April 10 President Trump issued an Executive Order “Promoting Energy Infrastructure and Economic Growth.” ...more

Snell & Wilmer

Coal Exports: The Trump Administration and Western States Take Action to Open Ports for Shipment of Coal

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On April 10, 2019, President Donald Trump signed an Executive Order seeking to address permitting and policy obstacles preventing the export of coal and other energy resources through West Coast ports. New port facilities and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Natural Gas Pipeline/Clean Water Act: Federal Appellate Court Addresses Challenge to New York Denial of 401 Certification

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Natural Gas Pipeline/Clean Water Act: Federal Appellate Court Addresses Challenge to 401 Certification

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

Pillsbury - Gravel2Gavel Construction & Real...

Second Circuit: FERC’s And State Agency’s Interpretations Of CWA Are Not Entitled To Chevron Deference

On March 12, the U.S. Court of Appeals for the Second Circuit issued a decision interpreting Clean Water Act (CWA) Section 401 and the Federal Regulatory Energy Commission’s (FERC) permitting authority, which may have settled...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 401 Water Quality Certification/Clean Water Act: Federal Energy Regulatory Commission Rejects Pipeline's Waiver Argument

The Federal Energy Regulatory Commission (“FERC”) issued an Order on Petition for Declaratory Order (“Order”) addressing Constitution Pipeline Company, LLC’s (“Constitution”) January 11th Petition for Declaratory Order...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2017#2

- 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

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