Inflation Reduction Act
Executive Order Aims to Improve Environmental Review of Infrastructure Projects
On August 15, 2017, President Trump signed an executive order (EO) entitled “Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects.” As part of the Administration’s goal to improve domestic infrastructure, the purpose of the...
5th Circuit U.S. Court of Appeals Reverses PHMSA
The 5th Circuit issued a lengthy opinion on August 14, 2017, reversing most of the violations of a PHMSA enforcement action that began in November 2013 in conjunction with investigation of a failure on the Pegasus Pipeline. In that matter...
USFWS Postpones Endangered Species Listing Determination for Texas Hornshell Mussel
On August 10, 2017, the United States Fish and Wildlife Service (USFWS or Service) issued a Federal Register notice indicating its intent to delay by six months its determination whether to list the Texas hornshell mussel as an endangered species...
U.S. Futures Exchanges Disciplinary Actions Report - July 2017
NYMEX NYMEX 15-0305-BC Position Limits Violation of Rule 562 – Position Limit Violations On August 9, 2016, a Probable Cause Committee (“PCC”) panel charged a non-member entity with violating NYMEX Rule 562, based on allegations that on November 23, 2015...
GAO Report Critical of PHMSA Inspection Priorities
The Government Accountability Office (GAO) issued a report on August 4, 2017, titled “ Pipeline Safety – Additional Actions Could Improve Federal Use of Data on Pipeline Materials and Corrosion .” The 55 page Report, prepared in response to a...
FERC Staff Issues New Guidelines on Cultural Resources
On July 31, 2017, the Federal Energy Regulatory Commission (“FERC”) staff issued new Guidelines for Reporting on Cultural Resources Investigations for Natural Gas Projects. The new guidelines include changes of potential interest and significance to developers (“project sponsors”). In addition...
CFTC Fines and Imposes Permanent Ban on Trader Accused of Spoofing
On July 26, 2017, the U.S. Commodity Futures Trading Commission (“CFTC”) issued an order approving a settlement resolving allegations that Simon Posen of New York violated the CFTC’s prohibition on spoofing by entering bids or offers with “the intent to...
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...
FWS Publishes Notice of Availability of Draft Candidate Conservation Agreements for Activities Affecting the Texas Hornshell Mussel
On July 7, 2017, the U.S. Fish and Wildlife Service (Service) published notice of the filing of applications by the Center of Excellence in Hazardous Material Management (CEHMM) and the New Mexico State Land Office (NMSLO) for two separate enhancement...
U.S. Futures Exchanges Disciplinary Actions Report - June 2017
NYMEX NYMEX 16-0498-BC Position Limit Violation of Rule 562 – Position Limit Violations Pursuant to a settlement offer, a Business Conduct Committee panel (“BCC Panel”) found that on July 27, 2016, a non-member entity held a futures equivalent long position...
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...
DC Circuit Vacates EPA’s Initial Stay of Methane Rule Requirements
On July 3, 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision vacating the U.S. Environmental Protection Agency’s (“EPA’s”) initial 90-day stay of parts of the 2016 rule establishing methane emissions standards for the...
FERC Technical Conference: Developments in Natural Gas Index Liquidity and Transparency
On Thursday, June 29, 2017, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) held a technical conference on the liquidity and transparency of natural gas price indices. The conference consisted of three discussion panels with panelists from various price...