On July 10, 2018, a panel of the United States Court of Appeals for the DC Circuit rejected an environmental group’s claim that FERC’s funding mechanism results in unconstitutional bias in favor of the pipeline industry. The court also rebuffed
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DC Circuit Tosses FERC Bias Claim, OKs Use of Tolling Orders
On July 10, 2018, a panel of the United States Court of Appeals for the DC Circuit rejected an environmental group’s claim that FERC’s funding mechanism results in unconstitutional bias in favor of the pipeline industry. The court also rebuffed
Supreme Court to Evaluate Critical Habitat Limits as Services Ramp up ESA Reform Efforts
As the Trump Administration is pushing forward on its deregulatory agenda and, in particular, its efforts to improve the Endangered Species Act and its implementation by the US Fish and Wildlife Service and National Marine Fisheries Service, the Supreme Court
Fourth Circuit Extends CWA Liability to Cover a Wholly Past Pipeline Spill
In a decision issued on April 12, 2018, a Fourth Circuit panel held (2-1) that (1) even though a pipeline leak has been repaired and remediation is ongoing under the supervision of the state environmental agency, environmental groups have standing
Recent Developments Signal Changes for Content and Timing of Pipeline Reviews
Two notable developments in the past few weeks signal potential changes ahead to the policies and timeframes for pipeline approvals, particularly natural gas pipelines under Federal Energy Regulatory Commission (“FERC” or the “Commission”) oversight. These developments reflect both the increased
Attacks Targeting Oil and Gas Sector Renew Questions About Cybersecurity
Recent press reports indicate that a cyber-attack disabled the third-party platform used by an oil and gas pipeline company to exchange documents with customers. Effects from the attack were largely confined because no other systems were impacted, including industrial controls
Second Circuit Affirms Waiver Period for State Water Quality Certification Begins Upon Receipt of Request for Certification
On March 12, 2018, the United States Court of Appeals for the Second Circuit affirmed a Federal Energy Regulatory Commission (FERC) order finding that delays by the New York Department of Environmental Conservation (NYDEC) in reviewing Millennium Pipeline Company’s application
House Committee Report Highlights Russian Use of Social Media to Disrupt Pipeline Projects
Earlier this month, the United States House of Representatives Committee on Science, Space, and Technology published a staff report entitled “Russian Attempts to Influence U.S. Domestic Energy Markets by Exploiting Social Media.” The report is the result of the Committee’s
Federal District Court Halts Construction of Louisiana Pipeline Due to Corps’ Failure to Explain Off-Site Mitigation
This week, the U.S. District Court for the Middle District of Louisiana granted a preliminary injunction, halting construction of the $750 million Bayou Bridge Pipeline. Judge Shelly D. Dick concluded that the U.S. Army Corps of Engineers, in authorizing the
D.C. Circuit Raises the Stakes: NEPA Defect Sufficient to Halt Pipeline Operations
Federal agencies that authorize or permit large infrastructure projects, like interstate natural gas pipelines, are often subject to the requirements of the National Environmental Policy Act, and environmental organizations frequently rely on NEPA to challenge a project. The D.C. Circuit