News & Analysis as of

Eminent Domain Natural Gas Act Oil & Gas

Venable LLP

Reconciliation Bill Would Create New FERC Siting Regime for Petroleum, Hydrogen, and Carbon Dioxide Pipelines

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On May 11, the House Committee on Energy and Commerce released its proposed energy provisions for inclusion in the budget reconciliation package, including several provisions that could dramatically reform the federal...more

Opportune LLP

Court Rulings, Delays & Cancellations Underscore Challenges For Gas Pipeline Construction

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Find out what challenges the natural gas industry faces to construct new pipelines and how these challenges have impacted gas supplies, particularly in the Northeast....more

Husch Blackwell LLP

Federal Courts Issue A Mixed Bag Of Decisions On Natural Gas Pipeline Permitting

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Late last month, the Federal Courts issued two major rulings involving certificates of public convenience and necessity for natural gas pipelines issued by the Federal Energy Regulatory Commission. While a decision by the...more

Morgan Lewis - Power & Pipes

FERC Notice of Inquiry on Policy Statement on Interstate Natural Gas Pipeline Proposals Draws Industry Comment

Nearly 200 comments were filed in response to FERC’s February 18, 2021 Notice of Inquiry (NOI) that sought new information and perspectives on whether it should revise its policy statement on the certification of new...more

McGuireWoods LLP

Pipeline Progeny: The Bounds of Eminent-Domain Power and FERC Certificates

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Companies seeking to enforce eminent-domain power pursuant to the Natural Gas Act (NGA) and FERC certificates should continue to monitor PennEast Pipeline Co. v. New Jersey and its progeny. 938 F.3d 96, 99 (3rd. Cir. 2019)...more

Holland & Knight LLP

FERC To Natural Gas Pipeline Industry: What about Environmental Justice?

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The Federal Energy Regulatory Commission (FERC) recently invited public comment on environmental justice matters it may consider in future natural gas pipeline certificate proceedings, reopening a three-year-old notice and...more

Morgan Lewis - Power & Pipes

Supreme Court to Review Third Circuit’s ‘Disruptive’ NGA Decision on Pipeline’s Power to Acquire Right-of-Way over State Lands

The US Supreme Court granted certification on February 3 to review the US Court of Appeals for the Third Circuit’s decision in In re PennEast Pipeline Co. in order to resolve an important question: Does the Natural Gas Act...more

Foley Hoag LLP - Energy & Climate Counsel

Supreme Court to Decide Eminent Domain Case

The U.S. Supreme Court has agreed to review a case that will have far-reaching consequences for interstate pipeline projects. The case, PennEast Pipeline Co. v. New Jersey, involves a FERC-approved natural gas pipeline...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 25, July 2020

Top Court Seeks Trump Administration Input on PennEast Pipeline - "The U.S. Supreme Court asked the Trump administration for input on a PennEast Pipeline Co. appeal that aims to jump-start a planned natural-gas line by...more

Snell & Wilmer

FERC Asserts Authority: Declaratory Order Says Eminent Domain Exempted From State Sovereign Immunity

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In a recent declaratory order, the Federal Energy Regulatory Commission (“FERC”) asserted the right of its certificate holders to “exercise eminent domain authority over state-owned land.” The Natural Gas Act (“NGA”) provides...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Modernizing the Natural Gas Act: February 5th U.S. House of Representatives Committee on Energy & Commerce Hearing

The Subcommittee on Energy of the U.S. House of Representatives Committee on Energy and Commerce held a hearing on February 5th titled: Modernizing the Natural Gas Act to Ensure it Works for Everyone (“Hearing”) The...more

Robinson+Cole RLUIPA Defense

Nuns Lose Interstate Natural Gas Pipeline Challenge

The United States Court of Appeals for the Third Circuit has ruled against a Roman Catholic group challenging the use of their land in connection with an interstate natural gas pipeline. The Adorers of the Blood of Christ...more

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