The Chemical Safety and Hazard Investigation Board’s (“CSB’s”) long-awaited accidental reporting rule became effective on March 23, 2020. Under the new rule, 40 C.F.R. §§ 1604.1-1604.6., owners and operators of chemical facilities must report accidental releases that result in fatalities,
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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Montana District Court Vacates and Remands Clean Water Act Nationwide Permit 12
In a surprisingly broad decision, the District of Montana vacated the U.S. Army Corps of Engineers (“Corps”) Nationwide Permit (“NWP”) 12 on April 15, 2020. NWP 12 authorizes impacts from “utility line activities” to jurisdictional waters that have minimal individual…
PHMSA Proposes Regulatory Reform Rule
PHMSA is proposing regulatory reform changes to the federal pipeline safety regulations at 49 CFR 190, 194, and 195, predominantly impacting liquid pipelines. Consistent with the Administration’s directives, the proposed revisions are intended to reduce regulatory burdens and improve…
Will Pipeline Spill Response Plans Require a Biological Opinion or NEPA Review?
On April 9, the United States Court of Appeals for the Sixth Circuit heard arguments in National Wildlife Federation v. Secretary of the Department of Transportation, a pair of consolidated appeals arising from approval of two spill response plans…
EPA Issues Enforcement Discretion Guidance to Address Compliance in Wake of COVID-19
Today, U.S. Environmental Protection Agency (EPA) Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance (OECA) Susan Bodine issued guidance regarding OECA enforcement discretion in the wake of the coronavirus (COVID-19) COVID-19 pandemic. EPA intends to focus its resources…
SEC Releases COVID-19 Disclosure Guidance for Public Companies
The Troutman Sanders Corporate team has published the following article on COVID-19:
In a press release dated March 25, 2020, the United States Securities and Exchange Commission (the “Commission”) Chairman Jay Clayton encouraged “public companies to provide current and forward-looking…
FDA Authorizes Temporary Production of Hand Sanitizer
By Robert Browne & Mandi Moroz
The onset of the public health crisis caused by the spread of the coronavirus (COVID-19) has led to a global shortage of hand sanitizer. Businesses attempting to cope with new challenges presented by COVID-19 may be interested in retooling current…
COVID-19 Oil and Gas Update – Agencies Provide Limited Enforcement Discretion and Confirm Infrastructure as Essential
Over the past week and in just the last 24 hours, several federal and state agencies have issued guidance documents and orders impacting the oil and gas pipeline industry. Through this guidance and other orders, federal and state governments are…
Oil and Gas Preparedness and Contingency Planning in the Wake of COVID-19
The coronavirus is causing marked disruption in the U.S., with increasing impacts across the country. Pipeline, terminal and LNG facilities are no exception, and many operators have been reviewing or implementing their contingency and emergency response plans. The current situation…
As Cyberthreats Continue, PHMSA and TSA MOU Stresses Information Sharing and Coordination
The Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Transportation Security Administration (TSA) recently finalized an Annex to a longstanding Memorandum of Understanding (MOU) regarding pipeline safety and security. This Annex comes just weeks after a publicized natural gas…