Despite oil already flowing through the pipeline, federal litigation involving the controversial Dakota Access Pipeline (DAPL) took another turn last week when partial summary judgment was granted to tribes challenging the adequacy of the US Army Corps of Engineers’ review
PipelineLaw
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PipelineLaw, published by Hunton Andrews Kurth LLP, focuses on legal developments and regulatory issues related to energy infrastructure, particularly pipelines. The blog covers topics such as federal eminent domain authority under the Natural Gas Act, state and federal regulatory enforcement actions, and the intersection of energy policy with environmental and climate change goals. It addresses litigation and administrative proceedings involving pipeline projects, including Supreme Court cases and Federal Energy Regulatory Commission (FERC) enforcement reports. The blog also discusses state-level investigations and policy shifts affecting natural gas distribution and energy transition strategies, providing insights into the evolving legal landscape for energy companies and regulators.
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Volatility of Petroleum Products: Deadline Extended for Submitting Comments on PHMSA ANPRM
PHMSA is extending the deadline for comments due today (March 21, 2017) on the Advance Notice of Proposed Rulemaking (ANPRM) issued on January 18, 2017. The new deadline for comments is May 19, 2017. The ANPRM was issued in response…
Texas Challenges PHMSA Underground Natural Gas Storage Rule
The state of Texas and the Texas Railroad Commission have petitioned the Fifth Circuit Court of Appeals to review PHMSA’s interim final rule regulating underground natural gas storage facilities. As required by the Protecting our Infrastructure of Pipelines and Enhancing…
Commerce Department Attempts to Clarify Executive Directive to Use U.S. Pipe
The Department of Commence published a request for comments related to implementation of the January 24, 2017 Executive Memorandum regarding “Construction of American Pipelines.” The short Memorandum directs the Secretary of Commerce to “develop a plan under which all new…
Advisory on Deactivation of Integrity Management Threats
A new Advisory on deactivation of threats for gas transmission lines was issued by PHMSA on March 15, 2017 (to be published in the March 16, 2017 Federal Register). Amidst uncertainty about the fate of various proposed and final rules…
Fate of Extensive Liquid Pipeline Final Rule Uncertain
During the last week of the Obama Administration, PHMSA released a pre-publication copy of the hazardous liquid pipeline safety final rule, which has been six years in the making. The rulemaking was intended to address issues raised by several sources:…
New Executive Order Requires Agencies to Withdraw 2 Regulations for Every 1 Proposed
President Trump signed another Executive Order (EO) on January 30, 2017, entitled Reducing Regulation and Controlling Regulatory Costs. The new EO, applicable to the entire Executive Branch, including all federal administrative agencies, makes a straightforward directive: “…for every one new…
Pipelines and Infrastructure Projects are Front and Center in Administration’s First Days
In his first days as President, Donald Trump has issued several directives to expedite pipeline and energy infrastructure projects and bring pipe steel manufacturing jobs back to the U.S. Through an executive order, the President directed federal agencies to expedite…
Regulatory Freeze issued by New Administration
On the first day of the new Trump Administration, Chief of Staff Reince Priebus issued a Memorandum to the heads of all Executive Departments and Agencies, requesting that all federal agencies suspend transmittal of any new proposed or final…
Concerns about HCA Identification Methods Prompts Advisory
Citing concerns that intrastate and small gas transmission pipeline operators may not be accurately identifying high consequence areas (HCAs) as part of their integrity management programs (IMP), PHMSA issued yet another advisory to the industry on December 12, 2016. In…