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Inflation Reduction Act
House Moves to End Requirement for Presidential Permits
On July 19, 2017, the U.S. House voted to give lead authority for authorizing cross border oil and gas pipelines to FERC, and to the Secretary of Energy for cross border electric transmission lines. HR 2883, entitled Promoting Cross-Border Energy...
Dallas Court of Appeals Reverses Partnership Verdict: Preliminary Agreements Precluded Partnership
On Tuesday, July 18, 2017, the Dallas Court of Appeals reversed a $535 million judgment against Enterprise Products Partners, L.P. (Enterprise), finding that unfulfilled conditions precedent in Enterprise’s written agreements with Energy Transfer Partners, L.P. (ETP) precluded the formation of...
Deadline Approaching for Input on Regulatory Improvements
The U.S. Department of Transportation (DOT) recently published a notice inviting public comment to identify statutes, rules, regulations, and interpretations in policy statements or guidance that “unjustifiably delay or prevent completion of surface, maritime, and aviation transportation infrastructure projects.” As...
Due Diligence: Critical Component of Pipeline Acquisitions
Oil and gas discoveries in various shale plays around the U.S. over the past decade have led to an increased rise in the number of transfers and acquisitions of pipeline assets, including pipelines serving processing plants, producers, storage facilities, and...
PHMSA to Reassess Underground Natural Gas Storage Rule
On December 19, 2016, PHMSA issued an interim final rule (IFR) to establish for the first time minimum federal safety standards for underground natural gas storage facilities. The rule was issued in response to the 2015 Aliso Canyon storage leak...
United States Supreme Court Limits Definition of Debt Collector Under the Fair Debt Collection Practices Act
On June 12, 2017, the United States Supreme Court issued an opinion resolving a circuit court split as to whether a company that collects debts that it purchased for its own account would fall within the statutory definition of "debt...
DOT Requests Input Regarding Burdensome Regulatory Requirements
As part of his regulatory reform agenda , President Donald Trump instructed federal agencies to review their regulations to identify requirements that burden businesses and industry. See EO 13771 and EO 13777 . In order to comply with these directives...
U.S. Supreme Court: Disgorgement Subject to Five-Year Statute of Limitations
The United States Supreme Court this week unanimously held that the five-year statute of limitations established in 28 U.S.C. §2462 applies to disgorgement in Securities and Exchange Commission (SEC) enforcement proceedings. The Court in Charles Kokesh v. Securities and Exchange...
Technical Advisory Committee Meeting Scheduled on Gas Mega Rule
The Gas Pipeline Advisory Committee (GPAC) will meet [Notice of advisory committee meeting ] in Washington, D.C. early next month to convene the second public meeting regarding PHMSA’s proposed gas rules, often referred to as the gas mega rule. The...
Pipeline Safety Management Systems: Reflections on Implementation of API 1173
The Pipeline Safety Management System (SMS) industry standard API RP 1173 was published in July 2015 and developed by API with input from NTSB, PHMSA, states, and industry representatives, following the 2010 oil pipeline accident in Marshall, Michigan. The standard’s...
The First 100 Days: Executive Directives Impacting the Oil & Gas Pipeline Industry
President Trump has issued 30 Executive Orders and 28 Executive Memoranda since taking office on January 20, 2017, despite his failure to pass any major laws. That is more Executive Orders than any President has issued in the first 100...
Data Breach Lawsuit Survives Motion to Dismiss
In an April 13, 2017 decision in Walters v. Kimpton Hotel , 1 a California federal judge rejected the bid of hotel chain Kimpton Hotel and Restaurant Group, LLC to dismiss a proposed class action arising from a data breach...
Insights to PHMSA Enforcement and Rulemaking under the Trump Administration
Since the Trump Administration took office, oil and gas industry stakeholders have questioned whether pending PHMSA rulemakings will move forward, whether the rate of PHMSA enforcement will continue, and whether agency priorities will change. The API conference held in San...
Industry Responds to U.S. Made Pipe Directive
Industry trade groups anticipate construction delays and cancelations, higher costs, and consumer impacts if the Trump administration’s January 24, 2017 Executive Memorandum , requiring that all new and repaired pipe be made in the U.S., is implemented. In comments filed...
Protecting Critical Energy Infrastructure from Pipeline Sabotage
Oil and gas provides nearly two thirds of all energy used in the United States, which is primarily transported by pipelines. The United States currently has roughly 2.8 million miles of pipelines. Most of this infrastructure is buried, but aboveground...