As previously reported, the Federal District Court for Montana vacated the U.S. Army Corps of Engineers (“Corps”) Nationwide Permit (“NWP 12”) on April 15, 2020, finding that the Corps had failed to consult with the U.S. Fish and Wildlife
Pipelaws
More than a quarter century providing legal analysis to the oil and gas pipeline industry
Pipelaws, published by Troutman Pepper Locke, focuses on legal developments and regulatory updates related to pipeline infrastructure, natural gas, and environmental compliance. The blog covers topics such as Federal Energy Regulatory Commission (FERC) policies on pipeline project analysis and greenhouse gas emissions, Pipeline and Hazardous Materials Safety Administration (PHMSA) regulations on pipeline safety and leak detection, Environmental Protection Agency (EPA) rules affecting natural gas processing and toxic release reporting, and broader environmental and water law issues impacting the energy and pipeline sectors. It also addresses enforcement, compliance, and litigation matters relevant to pipeline operators and stakeholders.
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Executive Order Promotes Enforcement Discretion and Deregulation
In an effort to relieve the economic impact associated with the response to COVID-19, President Trump recently signed an Executive Order (EO) designed to promote economic recovery by reducing regulatory burdens for businesses. Under the EO, all federal agencies are…
Court Limits Nationwide Permit 12 Vacatur to New Oil and Gas Pipeline Construction
The U.S. District Court for Montana amended and narrowed its April 15, 2020 order yesterday vacating Nationwide Permit (NWP) 12, which authorizes minimal impacts from “utility line activities” to jurisdictional waters. Despite the case centering on the Keystone XL Pipeline,…
OIG Critical of PHMSA LNG Reviews
The United States Department of Transportation (“DOT”), Office of the Inspector General (“OIG”) recently issued its audit findings of the Pipeline and Hazardous Materials Safety Administration’s (“PHMSA’s”) procedures and standards for reviewing whether liquified natural gas (“LNG”) facilities meet federal…
Fourth Circuit Firsts: First to Apply Maui Test and First to Determine CWA Applicability to Pipelines
In light of its recent decision in County of Maui v. Hawaii Wildlife Fund, the Supreme Court of the United States has instructed the United States Court of Appeals for the Fourth Circuit to revisit its decision in Upstate…
Update: Corps Seeks Stay of Montana District Court’s NWP 12 Ruling
As we previously reported, the Federal District Court for Montana vacated the U.S. Army Corps of Engineers (“Corps”) Nationwide Permit (“NWP 12”) on April 15, 2020, finding that the Corps had failed to consult with the U.S. Fish and…
Environmental Group’s Attempt to Compel PHMSA Action Dismissed
A Montana federal district court recently dismissed a challenge by an environmental group seeking to compel the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) to comply with certain provisions of the Mineral Leasing Act, 30 U.S.C. § 181 et seq.,.…
SCOTUS Establishes “Functional Equivalent” Test for Permitting Discharges to Groundwater
The U.S. Supreme Court issued its long-awaited opinion in County of Maui v. Hawaii Wildlife Fund, addressing whether the Clean Water Act (CWA) requires a permit when pollutants originate from a point source but are conveyed to navigable waters by…
Ongoing COVID-19 Pandemic Prompts Gas Pipeline Enforcement Stay
The coronavirus (COVID-19) pandemic understandably has strained available personnel and other resources as oil and gas pipeline operators focus on maintaining their essential operations. For the gas industry, the pandemic comes at a time that coincides with the initial deadlines…
EPA Shifts Policy on Construction Prior to an Air Permit
Under the Clean Air Act, a facility that emits air pollutants may not be constructed unless an air permit has been issued to the facility. For decades, EPA has interpreted the statute to prohibit almost any construction or modification activities…