Inflation Reduction Act
Ninth Circuit Sides with CFTC on Scope of Anti-Manipulation Authority
Ninth Circuit Sides with CFTC on Scope of Anti-Manipulation Authority By Michael Brooks, Robert Pease, and Ryan Eletto A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit recently issued a decision that revives claims by the...
Public Entity Construction Contracts: The Pivotal Dispute Provisions
Each year public entities spend billions of dollars on construction projects. As a result of these projects, time-consuming and costly complications such as construction project delay claims, defective workmanship, force majeure claims, lien issues, insurance issues, jurisdiction, payment issues and...
DOT Issues Pipeline Safety Act Reauthorization Proposal
The Department of Transportation (DOT) released a legislative proposal to Congress on June 3, 2019, to reauthorize the federal Pipeline Safety Act (PSA or the Act) and continue funding the federal agency charged with implementing it, the Pipeline and Hazardous...
Gas Pipeline Safety Rule Clearing Final Hurdle: Operators Should Prepare
The Pipeline and Hazardous Materials Safety Administration (PHMSA) is close to finalizing a rule applicable to the safety of natural gas transmission pipelines that has been nearly eight years in the making. Both Congress and the industry have urged PHMSA...
Supreme Court: Trademark Licenses Survive Bankruptcy Rejection
In an 8-1 decision, the Supreme Court settled a long-standing circuit split regarding the impact of bankruptcy filings on trademark licenses. Until May 20th, brand owners in some jurisdictions could use bankruptcy protections to terminate the rights of third parties...
Dropping Anchor: Parent company liability and the English Courts
Since 2015, three cases have gradually been making their way through the English appeal courts: Lungowe v Vedanta Resources Plc ; [1] Okpabi v Royal Dutch Shell ; [2] and AAA & Ors v Unilever . [3] To quote the...
Pipeline Safety Settlements: Time to Take a Page from Hazmat?
With an increased interest in the resolving disputes efficiently and avoiding litigation where possible, the time may be right for the Pipeline and Hazardous Materials Safety Administration (PHMSA) to clarify the process for settlement of pipeline safety compliance issues, whether...
Obligations of Good Faith in JOAs - The Impact of Recent Decisions on 'Relational Contracts'
In the international upstream oil and gas exploration and production industry, joint operating agreements (“JOAs”) are the key agreements which govern the terms upon which oil and gas companies regulate their upstream joint ventures. JOAs often provide for sharing costs...
Recent Executive Order Extends Beyond Section 401 Water Quality Certifications
The Executive Order (EO) “ Promoting Energy Infrastructure and Economic Growth ,” issued by the White House on April 10, 2019 has primarily been heralded as an effort to prevent states from blocking pipelines under their Clean Water Act Section...
Executive Order Impact on 401 Water Quality Certification Appears Limited
President Trump recently issued two much anticipated Executive Orders aimed to streamline the permitting of U.S. energy infrastructure. One Executive Order (EO) focuses primarily on Clean Water Act (CWA) state issued water quality certifications and associated EPA guidance and regulations...
New Executive Order Attempts to Streamline Presidential Permits
The White House issued a new Executive Order (EO) on April 10, 2019 intended to ‘revise the process for the development and issuance of Presidential Permits’ for certain cross border energy infrastructure. The EO limits the opportunity and timeframe for...
Distribution Pipelines and Increased Penalties Feature in Senate Pipeline Safety Bill
In advance of a Senate Commerce Committee Hearing on reauthorization of the Pipeline Safety Act , Senators Markey, Warren, and Blumenthal announced legislation to address distribution pipelines and risks associated with the September 2018 Merrimack Valley incident. The Leonel Rondon...
Congress Turns its Attention to Pipeline Safety Act Reauthorization
The first Congressional Hearing on Pipeline Safety Act Reauthorization for 2019 was held this week before the House Transportation and Infrastructure Committee. The Hearing did not have as much drama as last summer’s Hearing before the same Committee, where PHMSA...
The Importance of Creating A Record for Judicial Review of Agency Action
For at least the past 35 years, federal courts have generally allowed an administrative agency’s interpretation of a regulation or statute that it administers to prevail when challenged by a member of the regulated community or any other interested party...
Opportunity to Improve PHMSA Guidance
Earlier this month, the U.S. Department of Transportation (DOT) issued a notice seeking input from the public on existing guidance documents within DOT and its modal operating administrations, including PHMSA . In particular, DOT seeks input on guidance documents that...