The United States Court of Appeals for the District of Columbia (“D.C. Circuit”) recently upheld two FERC orders granting natural gas pipeline developers’ requests to extend their construction deadlines. The D.C. Circuit...more
4/25/2024
/ Certifications ,
Clean Water Act ,
Construction Project ,
Deadlines ,
Department of Environmental Conservation ,
Energy Projects ,
FERC ,
Liquid Natural Gas ,
Natural Gas ,
Oil & Gas ,
Pipelines ,
Section 401 ,
Water Quality
On March 21, 2024, FERC issued a Notice of Inquiry (“NOI”) seeking additional information on whether the Commission should continue to allow interstate pipelines to package “high value” capacity with non-contiguous and...more
4/8/2024
/ Climate Change ,
Comment Period ,
Energy Policy ,
Energy Projects ,
FERC ,
Greenhouse Gas Emissions ,
Infrastructure ,
Natural Gas ,
Notice of Inquiry ,
Oil & Gas ,
Pipelines ,
Regulatory Agenda
On September 29, 2023, FERC approved Tennessee Gas Pipeline Company, L.L.C.’s (“TGP”) proposal to lease intrastate capacity from Kinder Morgan Texas Pipeline LLC (“Kinder Morgan”) to offer a new hourly transportation...more
The utility industry is rapidly adopting biomethane, also known as renewable natural gas or “RNG,” to supplement traditional natural gas as a fuel source for both electric generation and heating purposes. Previously, RNG...more
On June 13, 2023, the House of Representatives Subcommittee on Energy, Climate, and Grid Security held a hearing on the “Oversight of FERC: Adhering to a Mission of Affordable and Reliable Energy for America.” The hearing...more
6/29/2023
/ Energy Policy ,
Energy Reform ,
Energy Storage ,
Environmental Protection Agency (EPA) ,
FERC ,
Fossil Fuel ,
NERC ,
Oil & Gas ,
Pipelines ,
Regulatory Agenda ,
Renewable Energy
On May 20, 2022, the White House announced that President Joe Biden renominated current FERC Chairman Richard Glick for a second, five-year term as a member and Chairman of the Commission. Glick’s current term expires June...more
On March 24, 2022, FERC changed course and designated the two policy statements it issued last month regarding the certification of interstate natural gas pipelines (“Updated Policy Statement”) and consideration of greenhouse...more
On February 18, 2022, FERC issued two new, significant policies governing how FERC will review proposals for new natural gas pipeline projects (see February 18, 2022, Troutman Pepper Insight). Headlining these policies is...more
On February 17, the Federal Energy Regulatory Commission (FERC or Commission) announced two new, significant policies that may have a profound impact on both natural gas pipeline projects before the Commission and the...more
On January 20, 2022, FERC granted Adelphia Gateway, LLC’s (“Adelphia”) request for an 18-month extension of time, until June 20, 2023, to construct and place into service the proposed Adelphia Gateway Project. The order also...more
On June 29, 2021, the Supreme Court of the United States ruled that a certificate of public convenience and necessity issued by FERC under section 7 of the Natural Gas Act (“NGA”) authorizes a private company to exercise...more
7/12/2021
/ Certificate of Public Convenience and Necessity ,
Condemnation ,
Easements ,
Eminent Domain ,
FERC ,
Natural Gas ,
Natural Gas Act ,
PennEast Pipeline Co. v New Jersey ,
Pipelines ,
Right of Way ,
SCOTUS ,
Sovereign Immunity
On May 4, 2021, FERC issued Order No. 871-B, clarifying that the rule established in Order No. 871, which precludes FERC from authorizing natural gas pipeline companies to proceed with construction of approved pipeline...more
On March 24, 2021, FERC modified a December 17, 2020 order (“December Order”) while reaching the same overall result, allowing construction to recommence for a portion of the Mountain Valley Pipeline, LLC (“Mountain Valley”)...more
On September 9, 2020, the United States Court of Appeals for the First Circuit (“First Circuit”) affirmed the United States District Court for the District of Massachusetts (“District Court”) dismissal of a lawsuit alleging...more
9/17/2020
/ Antitrust Violations ,
Electricity ,
Energy Contracts ,
Energy Sector ,
Failure To State A Claim ,
FERC ,
Filed-Rate Doctrine ,
Natural Gas-Fired Power Plants ,
Oil & Gas ,
Pipelines ,
Unfair Competition Law (UCL)