On 30 June 2025, both the US Department of Energy (DOE) and the Federal Energy Regulatory Commission (FERC or the Commission) announced revisions to their respective National Environmental Policy Act (NEPA) procedures to...more
Following the election wins we reported on in November 2024, state and local bans on the use of natural gas remain a highly litigated issue across the country. In this alert, we cover two recent cases dealing with local and...more
4/11/2025
/ Appeals ,
Constitutional Challenges ,
Energy Policy ,
Energy Policy and Conservation Act (EPCA) ,
Judicial Authority ,
Natural Gas ,
Oil & Gas ,
Preemption ,
State and Local Government ,
Statutory Interpretation ,
Utilities Sector
On 17 January 2025, the D.C. Circuit Court of Appeals vacated a 2020 Pipeline and Hazardous Materials Safety Administration (PHMSA) rule—the “Hazardous Materials: Liquefied Natural Gas by Rail Rule” (the LNG-by-Rail...more
2/11/2025
/ Energy Policy ,
Environmental Impact Statements ,
Environmental Litigation ,
Hazardous Substances ,
Infrastructure ,
Natural Gas ,
NEPA ,
PHMSA ,
Railways ,
Regulatory Agenda ,
Transportation Industry
The November election results signal changes to energy policy at the state and federal levels. While it is not yet clear how these changes will develop in the months to come, one winner that appears to have emerged at the...more
On 16 August 2024, the D.C. Circuit Court of Appeals issued an opinion vacating portions of new natural gas-related pipeline-safety standards promulgated by The Pipeline and Hazardous Materials Safety Administration (PHMSA),...more
In recent years, a consistent issue facing hydroelectric project developers at the Federal Energy Regulatory Commission (FERC or Commission) has been the length of time it takes states to act on requests for water quality...more
The US Department of Transportation (USDOT) is suspending a rule that allows liquefied natural gas (LNG) to be transported by rail in specialized tank cars, starting 31 October 2023. This final rule overturns a Trump-era rule...more
Background - On 5 May 2023, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a notice of proposed rulemaking entitled “Pipeline Safety: Gas Pipeline Leak Detection and...more
On 17 April 2023, in California Restaurant Association v. City of Berkeley, the Ninth Circuit struck down a local ordinance banning natural gas piping in newly constructed buildings, concluding that federal law preempts the...more