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Inflation Reduction Act
Global Energy Change: Increased Use of Natural Gas and LNG
Global energy change through increased use of natural gas and liquefied natural gas (LNG) has been the focus of this week’s World Gas Conference (WGC). The WGC, sponsored by the International Gas Union, has convened these conferences once every three...
State Participation in Interstate Pipeline Inspections: GAO Recommendations
A recent Report to Congress mandated by the most recent amendments to the Pipeline Safety Act was released by the Government Accountability Office (GAO), reviewing federal and state responsibilities and resources for inspection of pipelines that transport product across state...
Pipeline Security and Cybersecurity: Are Guidelines Enough to Protect Critical Infrastructure?
Since 9/11, no new rules or regulations have been promulgated to address pipeline or LNG facility security or cybersecurity. Although the Transportation Security Administration (TSA) recently released an updated version of its “ Pipeline Security Guidelines ” (Guidelines) that were...
The Congressional Review Act May Be Coming Soon to a Rule Near You
The Congressional Review Act (CRA) has been in the news of late, yet few people know its history, purpose or challenges. Although used only once in its first 20 years, the Act was resurrected at the outset of the Trump...
Invoking the ‘Necessity Defense’ in Pipeline Sabotage Prosecutions
Opposition to new pipeline construction has grown in recent years, moving from public comment to litigation to physical protest and vandalism. In 2016 alone, several coordinated actions led to trespass and vandalism of pipelines and pipeline facilities in multiple states...
Continuing Review of New Pipeline Projects
The Federal Energy Regulatory Commission (FERC) officially announced that it is going to review its policy framework for certification of new interstate natural gas and LNG pipelines in the U.S. and issued a Notice of Inquiry (Notice or NOI)...
Federal Agencies Agree to Speed Project Permitting
The U.S. DOT and 10 other federal agencies signed a Memorandum of Understanding (MOU) on April 9, 2018, which became effective on April 10, 2018. The MOU [1] is intended to implement Executive Order 13807 (Aug. 15, 2017), which established...
Final Gas Mega Rules Expected to be Issued in 2019
The Gas Pipeline Advisory Committee (GPAC) convened in Washington D.C. at the end of March, 2018, to continue discussions from May and December 2017 regarding PHMSA’s proposed gas and gathering pipeline mega rule (“Safety of Gas Transmission and Gathering Pipelines”...
As Steel Tariff Becomes Effective, Commerce Issues Rule for Exclusions
Building off of President Trump’s “Made in America” campaign commitment, the Trump Administration issued a tariff on steel imports on March 8, 2018. The proclamation finds that the imposition of duties on steel articles is necessary to ensure that steel...
PHMSA Opens Enforcement Hearing to the Public
In a surprising turn of events this week, PHMSA approved a request from the media to attend a hearing in the Agency’s Southwest Region offices in Houston yesterday. An environmental reporting service (E&E News) submitted a request to PHMSA last...
Suspension and Debarment: It's Not Just for Government Contractors
Companies facing environmental enforcement actions are at increased risk of being suspended and/or debarred because of a number of environmental statutory debarment mandates, state and local enforcement activities, as well as increased federal agency focus on debarring companies and individuals...
Regulatory Rollbacks Continue for Energy Industry
In the past few weeks, the Trump Administration’s Department of Interior (DOI) has taken significant steps to roll back several environmental policies and/or rules affecting the energy industry. On December 22, DOI issued a memorandum interpreting the scope of the...
All I want for Christmas is … regulatory certainty?
Last week, PHMSA’s oil and gas pipeline technical advisory committees convened to review and discuss significant pending rulemakings and regulatory reform initiatives, among other topics. At the same time, the White House touted its deregulation efforts, including the purported elimination...
Environmental Management Systems: Risk vs. Reward
Companies everywhere rely on written manuals, procedures, and other formal and informal systems intended to help them achieve environmental compliance and performance. Often overlooked are the many ways in which a company’s environmental management systems can create or increase unnecessary...
Advisory Committee Meetings May Add Insight to Policy Priorities
Oil and gas pipeline technical advisory committee meetings will be held on December 13-15 in Washington, D.C. The agenda covers updates on PHMSA pipeline safety programs and policy issues. The oil and gas peer review committees, comprised of federal and...