pipelines
Shale Law Weekly Review – June 16, 2020
Pipelines: Court of Appeals Reverses Lower Court Decision on Enbridge Line 5 Pipeline
On June 5, 2020, the U.S. Court of Appeals for the Sixth Circuit reversed a district court decision that determined the Pipeline and Hazardous Materials Safety Administration (PHMSA) had acted improperly in approving the emergency response plans for the Enbridge Line 5 Pipeline. The district court had held PHMSA was required to comply with the National Environmental Policy Act (NEPA) and Endangered Species Act (ESA) before it could approve emergency response plans for pipelines. (Nat’l Wildlife Fed’n v. Sec’y of the U.S. Dep’t of Transp., Nos. 19-1609/1610). The Court […]
Shale Law Weekly Review – June 8, 2020
Pipelines: Court of Appeals Denies Stay of Court Order in Pipeline Permit Case
On May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay a district court order that enjoined the use of Nationwide Permit 12 (NWP 12) for the construction of new oil and gas pipelines. (Northern Plains Resource Council v. U.S. Army Corps of Engineers, No. 20-35412). The U.S. Army Corps of Engineers (Corps) filed its Motion for Stay Pending Appeal on May 13, 2020. The Corps argued that the district court order was “improper” because it granted relief that was not requested by the Plaintiffs. Plaintiffs, […]
Shale Law Weekly Review – May 26, 2020
Water Quality/ Pipelines: New York Denies Water Quality Permit for NESE Pipeline Project
On May 15, 2020, the New York State Department of Environmental Conservation (Department) denied a Water Quality Certification application for the Northeast Supply Enhancement Project (Project) proposed by the Transcontinental Gas Pipe Line Company (Transco). Transco was granted a certificate for the Project by the Federal Energy Regulatory Commission on May 3, 2019, subject to the approval of a state-issued Water Quality Certificate. On May 17, 2019, Transco submitted its Water Quality application to the Department and the application received over 16,000 comments from the public. The Department denied […]
Shale Law Weekly Review – May 18, 2020
National Energy Policy/LNG Exports: Department of Energy Issues Proposed Rule for Changes to NEPA Implementing Procedures
On May 1, 2020, the U.S. Department of Energy (DOE) issued a Notice of Proposed Rulemaking for changes to the Department’s National Environmental Policy Act (NEPA) implementing procedures. The proposed rule states that DOE intends to amend its policies regarding NEPA review of certain imports and exports under the Natural Gas Act. DOE is proposing changes to its procedures based on the legal principle found in Pub. Citizen and Sierra Club that NEPA review does not include review of environmental effects that an agency has no discretion over. See Dep’t […]
Shale Law Weekly Review – May 12, 2020
Water Quality: Supreme Court Vacates Kinder Morgan Pipeline Spill Case in Light of Recent Clean Water Act Decision
On May 4, 2020, the U.S. Supreme Court ordered that a Kinder Morgan pipeline leak case be vacated and remanded in light of a recent Clean Water Act decision (Kinder Morgan Energy Partners, L.P. v. Upstate Forever and Savannah Riverkeeper, No. 18-268). The case was remanded to the U.S. Court of Appeals for the Fourth Circuit following the Supreme Court’s recent decision in County of Maui v. Hawaii Wildlife Fund, 590 U. S. ___ (2020). In 2014, Kinder Morgan’s Plantation pipeline ruptured and leaked 370,000 […]
Penn East Pipeline Project – U.S. Court of Appeals Denies Eminent Domain Proceedings by PennEast Pipeline Company, LLC for the Acquisition of New Jersey State-Owned Properties
Written by Chloe Marie – Research Specialist
The PennEast Pipeline Project is a 120-mile expansion project operated by PennEast Pipeline Company, LLC and proposes to transport 1 billion cubic feet (Bcf) per day of natural gas from Dallas, Luzerne County, in northeastern Pennsylvania to the existing Transco’s pipeline interconnection located near Pennington, Mercer County, New Jersey.
PennEast Pipeline Company, LLC filed an application in September 2015 with the Federal Energy Regulatory Commission (FERC) to obtain a certificate of public convenience and necessity for the pipeline project. On April 7, 2017, FERC released a Final Environmental Impact Statement (FEIS) and concluded that the approval of […]
Mountain Valley Pipeline: Overview of Litigation Regarding the Pipeline Construction (Part 4)
Written by Chloe Marie – Research Specialist
The Mountain Valley Pipeline Project consists of a proposed 303-mile interstate pipeline system designed to transport natural gas from Wetzel County in northwestern West Virginia to Pittsylvania County in southern Virginia. This article is the fourth in a four-part series addressing legal issues and the regulatory process associated with the Mountain Valley Pipeline Project to date. On October 15, 2019, we posted an article reviewing the timeline of actions taken by various federal and state regulatory entities involved with the construction of the pipeline. On October 16, 2019, and October 17, 2019, […]
Mountain Valley Pipeline: Overview of Litigation Regarding the Pipeline Construction (Part 3)
Written by Chloe Marie – Research Specialist
The Mountain Valley Pipeline Project consists of a proposed 303-mile interstate pipeline system designed to transport natural gas from Wetzel County in northwestern West Virginia to Pittsylvania County in southern Virginia. This article is the third in a planned four-part series addressing legal issues and the regulatory process associated with the Mountain Valley Pipeline Project to date. On October 15, 2019, we posted an article reviewing the timeline of actions taken by various federal and state regulatory entities involved with the construction of the pipeline. On October 16, 2019, we posted a
Mountain Valley Pipeline: Overview of Litigation Regarding the Pipeline Construction (Part 2)
Written by Chloe Marie – Research Specialist
The Mountain Valley Pipeline Project consists of a proposed 303-mile interstate pipeline system designed to transport natural gas from Wetzel County in northwestern West Virginia to Pittsylvania County in southern Virginia. This article is the second in a planned four-part series addressing legal issues and the regulatory process associated with the Mountain Valley Pipeline Project to date. On October 15, 2019, we posted an article reviewing the timeline of actions taken by various federal and state regulatory entities involved with the construction of the pipeline. This article and two planned subsequent articles […]
Mountain Valley Pipeline: Overview of Federal and State Regulatory Approval Processes (Part 1)
Written by Chloe Marie – Research Specialist
The Mountain Valley Pipeline Project consists of a proposed 303-mile interstate pipeline system designed to transport natural gas from Wetzel County in northwestern West Virginia to Pittsylvania County in southern Virginia. The pipeline will carry a capacity of approximately 2 billion cubic feet (Bcf) per day of natural gas and is expected to cross the following counties: Braxton, Doddridge, Fayette, Greenbrier, Harrison, Lewis, Monroe, Nicholas, Summers, Webster, and Wetzel in West Virginia; and Craig, Franklin, Giles, Montgomery, Pittsylvania, and Roanoke in Virginia. This project also involves the construction of three compressor […]
