On January 7, 2025, the U.S. Court of Appeals for the D.C. Circuit, in Citizens Action Coalition of Indiana v. FERC, rejected a National Environmental Protection Act (NEPA) and Natural Gas Act (NGA) challenge to FERC’s...more
1/13/2025
/ Appeals ,
Climate Change ,
Energy Sector ,
Environmental Policies ,
FERC ,
Greenhouse Gas Emissions ,
Infrastructure ,
Jurisdiction ,
Natural Gas ,
Natural Gas Act ,
NEPA ,
Pipelines ,
Regulatory Requirements
On February 29, 2024, President Biden nominated three new commissioners of the Federal Energy Regulatory Commission (“FERC”). The nominations will be reviewed and voted on by the Senate Energy and Natural Resources Committee...more
On August 18, 2023, the United States Court of Appeals for the Ninth Circuit upheld a district court order adopting the Federal Energy Regulatory Commission’s (FERC) interpretation of the statute of limitations applicable to...more
On November 17, 2022, the Staff of the Office of Enforcement (“OE”) of the Federal Energy Regulatory Commission (“FERC”) issued its sixteenth Annual Report on Enforcement (the “Report”). The Report discusses the activities...more
The Federal Energy Regulatory Commission has reached consensus to revise the two policy statements it issued on February 18, 2022, impacting the permitting and construction of new natural gas pipeline facilities...more
Once again finding the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) environmental assessment (“EA”) analysis of the downstream effect of greenhouse gas (“GHG”) emissions associated with interstate natural...more
The Senate Energy & Natural Resources Committee held a hearing today to question Federal Energy Regulatory Commission (FERC) Chairman Richard Glick and Commissioners Allison Clements, Mark Christie, James Danly, and Willie...more
On February 18, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two controversial policy statements that will significantly impact the permitting and construction of new natural gas pipeline...more
On November 19, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) convened a Staff-led technical conference to discuss methods natural gas companies may use to mitigate the effects of direct and indirect...more
The Federal Energy Regulatory Commission (“FERC”), in coordination with the North American Electric Reliability Corporation (“NERC”), presented its preliminary findings and recommendations at FERC’s Open Meeting on September...more
Introduction -
Climate change policies at the state and federal levels will have significant impacts on natural gas companies and their customers. On the one hand, there is pressure on companies to maintain safe and...more
This morning, the Biden Administration appointed Richard Glick as FERC Chairman. Chairman Glick tweeted his gratitude and noted that “[t]his is an important moment to make significant progress on the transition to a clean...more
On the evening of November 30, the U.S. Senate confirmed Allison Clements and Mark Christie to be FERC Commissioners by a voice vote....more
Today, the Senate Committee on Energy and Natural Resources held a business meeting to consider the nominations of Mark Christie and Allison Clements to the Federal Energy Regulatory Commission. The Committee voted to report...more
On November 12, 2020, the Federal Energy Regulatory Commission (“Commission”) approved changes regarding PJM Interconnection, L.L.C.’s (“PJM”) reserve market, including how the Regional Transmission Organization (“RTO”)...more
In a surprise move last night, President Trump removed Neil Chatterjee as Chairman of FERC, and appointed James Danly. Chatterjee issued a statement on Twitter, noting the honor of serving as Chairman, wishing Danly well, and...more
On October 15, 2020, the Federal Energy Regulatory Commission (FERC) issued a proposed policy statement containing guidance for oil (and petroleum products) pipeline common carriers proposing rates and terms pursuant to...more
On July 27, 2020, President Trump nominated two candidates to the Federal Energy Regulatory Commission (FERC), securing a Republican majority on the Commission through June 2021 while also ensuring a continued quorum....more
As discussed previously in Pierce Atwood’s Energy Infrastructure Blog, on June 30, 2020, the U.S. Court of Appeals for the DC Circuit ruled that FERC lacks authority to issue tolling orders that postpone rehearing decisions...more
The Federal Energy Regulatory Commission (“FERC”) can no longer delay judicial review of its orders under the Natural Gas Act by issuing a tolling order that takes no action on a rehearing request other than granting itself...more
7/7/2020
/ Administrative Hearings ,
Administrative Orders ,
Appeals ,
Certificate of Public Convenience and Necessity ,
Construction Project ,
Eminent Domain ,
FERC ,
Judicial Review ,
Land Owners ,
Natural Gas Act ,
Pipelines ,
Tolling
On June 22, 2020, the Federal Energy Regulatory Commission (“FERC”) issued an order in response to a Petition for Declaratory Order (“Petition”) filed by ETC Tiger Pipeline, LLC (“ETC Tiger”), finding that FERC has concurrent...more
On June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by...more
The Senate yesterday confirmed James Danly for FERC Commissioner, voting in favor of the Republican nominee, 52–40. ...more
On March 3, 2020, FERC General Counsel James Danly’s nomination for FERC Commissioner passed out of the U.S. Senate Energy and Natural Resources Committee’s business meeting with a recorded vote of 12-8 in support....more
The White House has renominated James Danly to serve as Commissioner of the Federal Energy Regulatory Commission (FERC). Danly, a Republican, currently serves as FERC’s general counsel. ...more