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The Re-Solidification of FERC’s Driftwood Compromise

At the Open Meeting held on September 21, 2023, the Federal Energy Regulatory Commission (“FERC” or “Commission”) approved four of the six Natural Gas Act (“NGA”) certificate orders for interstate natural gas pipelines and...more

In re Ultra Petroleum Corp. – Fifth Circuit: Debtors May Reject FERC-Approved Gas Transportation Agreements

In Federal Energy Regulatory Commission v. Ultra Resources, Inc. (In re Ultra Petroleum Corp.),1 a panel of the Fifth Circuit Court of Appeals (the “Fifth Circuit Panel”) provided valuable clarity regarding a 2004 decision in...more

FERC Issues Two New Policy Statements Regarding Natural Gas Infrastructure Construction

On February 18, 2022, the Federal Energy Regulatory Commission (“FERC”) issued two important policy statements by a 3-2 vote related to the construction of natural gas facilities....more

FERC Complicates Natural Gas Infrastructure Application Process

The Federal Energy Regulatory Commission (“FERC”) issued two important policy statements by a 3-2 vote on February 18, 2022 regarding the construction of natural gas facilities. The policy statements make numerous changes to...more

FERC Rules It Has Concurrent Jurisdiction Over The Rejection Of FERC-Regulated Midstream Gas Contracts

On June 22, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order concluding that the Commission and the United States Bankruptcy Courts have concurrent jurisdiction to review and address the...more

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