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Inflation Reduction Act
Administrative Enforcement Reforms Continue
The current Administration has focused on reforming federal administrative agency enforcement by emphasizing transparency, due process, and fair notice. The concepts of due process and fair notice are well-established legal precepts, and they are critical to the regulated community. For...
NEPA "Neat": The Proposed Rule, Distilled
The Administration has just issued a proposed rule that would amend the federal regulations implementing the National Environmental Policy Act (NEPA). NEPA applies to nearly every federal action of consequence, including federal projects, permits for private activity, grants, funding decisions...
Final Rule Imposes Expansive New Requirements for Liquid Pipelines
PHMSA recently finalized a rule that significantly revises certain aspects of liquid pipeline safety regulation under 49 CFR Part 195. Nearly nine years in the making, the final rule is intended to address PHMSA and NTSB accident investigation findings from...
Environmental Enforcement Defense 101
The federal and state environmental agencies have a vast array of enforcement tools with which they seek to impose penalties or require significant capital and process improvements on the part of the regulated community in circumstances where the agencies identify...
PHMSA Updates its Latest Enforcement Tool: Emergency Order Final Rule
On October 1, 2019, the Pipeline and Hazardous Materials Safety Administration (PHMSA or the Agency) issued three long awaited final rules . This post addresses the Agency’s final rule on Emergency Orders , a significant new tool in PHMSA’s pipeline...
PHMSA Publishes Long-Awaited Final Rules
Tomorrow’s Federal Register will include three final rules published by the Pipeline and Hazardous Materials Safety Administration (PHMSA) that have been years in the making: (1) Safety of Gas Transmission Pipelines: Maximum Allowable Operating Pressure Reconfirmation, Expansion of Assessment Requirements...
Pipelaws Team Authors Article on the Pipeline Safety Act for Law360
Pipeline partners Catherine Little, Bob Hogfoss and Annie Cook authored an article published in Law360 on the Pipeline Safety Act reauthorization legislation currently in the U.S. House and Senate. The current authorization of federal pipeline safety laws and funding of...
Highlights from This Year’s Texas Environmental Superconference
This month, Associate Daniel Pope will run through highlights from this year's Texas Environmental Superconference. Topics covered at the Superconference run the gamut of state and federal environmental law issues and are applicable to legal practitioners across the country. This...
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...
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...
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...
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...
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...