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...
FERC Rejects Marketing Affiliate Petition
Can a marketing affiliate of an oil pipeline purchase transportation at the filed tariff rate and then re-sell this capacity at a lower, non-public rate without running afoul of the Interstate Commerce Act’s prohibition on rebates? On November 22, 2017...
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...
The Mineral Revolution: How The Recent Influx of Capital is Changing Deal Structures and Opportunities for Investment
Over the past twelve months, we have witnessed a rapid evolution in the way that E&P industry participants acquire and own minerals. While the perpetual nature and non-cost bearing aspects of mineral ownership have long aided in maintaining a floor...
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...
New Tactics, Same Result: Local Efforts to Regulate Hydraulic Fracturing Continue to Falter Despite New Approaches to Regulation
Despite numerous attempts in recent years by local governments to regulate oil and gas activities at the municipal level, recent developments in Pennsylvania, Ohio and Colorado signal a continued trend favoring states’ authority to regulate these issues as matters of...
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...
U.S. Futures Exchanges Disciplinary Actions Report - September 2017
The Bracewell U.S. Futures Exchanges Disciplinary Actions Report is a monthly report that provides summaries of certain disciplinary notices by U.S. exchanges during the prior month. The report has a particular focus on notices potentially relevant to energy commodities and...
Federal District Court Vacates BLM’s Postponement of the Waste Prevention Rule
On October 4, 2017, the U.S. District Court for the Northern District of California issued a decision vacating the Bureau of Land Management’s (“BLM’s”) June 15, 2017 notice that indefinitely postponed compliance dates for sections of BLM’s Methane and Waste...
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...
A Call to Focus on Strengthening Grid Resilience and Reliability: DOE Staff Report Offers Timely Insights on Fundamental Market Changes
The U.S. Department of Energy (“DOE”) recently released its highly-anticipated Staff Report to the Secretary on Electricity Markets and Reliability . The report weighs heavily on the themes of focusing on grid resilience and reliability in light of recent fundamental...
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...
U.S. Futures Exchanges Disciplinary Actions Report - August 2017
The Bracewell U.S. Futures Exchanges Disciplinary Actions Report is a monthly report that provides summaries of certain disciplinary notices by U.S. exchanges during the prior month. The report has a particular focus on notices potentially relevant to energy commodities and...