Inflation Reduction Act
Congress and DOJ Consider Existing Protections as Pipeline Sabotage Increases
In response to questions from lawmakers on whether federal law adequately provides for the prosecution of “criminal activity against infrastructure,” the Department of Justice (DOJ) recently committed to “vigorously” prosecute those who damage “critical energy infrastructure in violation of federal...
Deregulation at DOT: Direction Unknown
A year ago, the oil and natural gas industry was preparing comments and responses to several expansive proposed rules issued by the Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA). With the advent of the Trump Administration...
Underground Natural Gas Storage IFR Comment Period Reopened
On October 19, 2017, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced an additional comment period on its December 19, 2016 interim final rule (IFR) which established minimum federal safety standards for underground natural gas storage facilities. PHMSA will...
NAS Recognizes Utility of Performance Based Rules
In October 2017, the National Academy of Sciences (NAS) issued a pre-publication report on “ Designing Safety Standards for High Hazard Industries .” Sponsored by PHMSA (and many years in the making), the Report focuses on oil and gas pipelines...
DOT Requests Comments on Regulatory Review
The Department of Transportation formally requested public comment on existing rules and “other agency actions,” including but not limited to guidance documents and policy statements, that are good candidates for repeal, replacement, suspension, or modification without compromising safety. This request...
Oil and Gas Pipeline Industry in an Evolving Legal Landscape
Our Pipelaws.com contributors published an article in the ABA Trends September and October issue on the evolving legal landscape in which the oil and gas pipeline industry operates.
Judicial Review of PHMSA Order: Limitations of Agency Deference
The 5th Circuit U.S. Court of Appeals reversed several key aspects of a PHMSA Final Order in a recent opinion issued on August 14, 2017. That decision is significant for the fact that few final actions by this agency have...
PHMSA Offers to Assist Operators Impacted by Hurricane Irma
In the wake of Hurricane Irma, PHMSA issued a press release regarding hurricane preparedness and response. As operators implemented hurricane preparedness plans to minimize the impact of the storm, PHMSA noted several significant allowances for pipeline systems impacted by the...
Impacts of Hurricane Harvey: Underscoring the Importance of Planning, Preparedness & Response
As the waters begin to recede from our nation’s energy capital following Hurricane Harvey’s unprecedented rainfall in the state of Texas, the full impacts of Hurricane Harvey are beginning to become more apparent. Beyond the incredible toll on the residents...
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...
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...
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...
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...