Pipeline Archives - Environmental Law Monitor

August 22, 2024 Pipeline

Appellate Court Vacates FERC’s Approval of $950M Natural Gas Pipeline Project

Late last month, the U.S. Court of Appeals for the District of Columbia Circuit, in New Jersey Conversation Foundation, et al. v. FERC, unanimously vacated the Federal Energy Regulatory Commission’s (FERC) approval of the Transcontinental (Transco) Gas Pipe Line Company Regional Energy Access Expansion Project.

The roughly $950 million gas pipeline project involves the construction and operation of over 36 miles of new natural gas pipeline facilities built by a Williams Co. subsidiary. In addition to the pipeline, the project called for the …

August 3, 2023 Pipeline

Posted by: Goldberg Segalla

Congress Streamlined the Pipeline Construction by Limiting Court’s Jurisdiction

On July 27, the U.S. Supreme Court issued a three sentence order that vacated the U.S. Court of Appeals for the Fourth Circuit’s orders staying the construction of the Mountain Valley Pipeline. The pipeline is being built through Virginia and West Virginia and is being constructed to provide additional natural gas for winter in the South and Mid-Atlantic. Several environmental groups oppose this pipeline because they allege that endangered fish species would be harmed by the construction.

The Fiscal Responsibility Act of 2023, Pub.L.No. 118-5, 137 …

Posted by: Goldberg Segalla

The Environmental Impacts of the Debt Deal

On June 3, 2023, President Biden signed into law the Fiscal Responsibility Act of 2023 (FRA). The FRA was the result of an agreement between White House and congressional GOP negotiators. While the centerpiece of the agreement is the two-year suspension of the debt ceiling, the FRA surprisingly includes significant environmental provisions. Specifically, the FRA amends the National Environmental Policy Act (NEPA) and expedites completion of the controversial Mountain Valley Pipeline.

The most significant NEPA amendments relate to Environmental Impact Statements (EIS), Environmental Assessments (EA), …

May 6, 2021 Emerging Issues / Pipeline

Posted by: Goldberg Segalla

Government Accountability Office Uncovers Regulatory Vacuum for Offshore Oil and Gas Pipelines

In April, the Government Accountability Office (GAO) issued a report recommending the Department of the Interior’s Bureau of Safety and Environmental Enforcement (BSEE) take actions to further develop, finalize, and implement updated pipeline regulations to address limitations regarding the BSEE’s ability to ensure the integrity of offshore oil and gas pipelines—and to address safety and environmental risks associated with pipeline decommissioning. BSEE is responsible for enforcing standards and regulations for oil and gas operations in federal offshore waters of which there has been 40,000 miles …

October 10, 2019 Emerging Issues / New Jersey / Pennsylvania / Pipeline

Posted by: Goldberg Segalla

Third Circuit Court of Appeals Delivers Knockout Punch to PennEast Natural Gas Pipeline, Eminent Domain Squashed

Previously, we reported that that the United States District Courts for the Middle District of Pennsylvania and the District of New Jersey granted a consortium of natural gas companies the right of eminent domain to take steps toward building the PennEast pipeline to connect natural gas sources in Pennsylvania to parts of New Jersey. We then reported that the Third Circuit Court of Appeals issued a stay to temporarily stop any physical construction from beginning on the pipeline in New Jersey until the appeal was decided.

Now, in the next …

September 12, 2019 Clean Water Act / Pipeline

Posted by: Goldberg Segalla

Natural Gas Pipeline One Step Closer to Reality For Residents of New York

The United States Federal Energy Regulation Commission (FERC) has issued an order holding that the New York Department of Environmental Conservation (DEC) waived its authority under the Clean Water Act to issue or deny a water quality certification for the proposed Constitution Natural Gas Pipeline because DEC failed to act in a timely manner.

Entities proposing to construct interstate natural gas pipelines are subject to a multitude of state and federal permitting regulations and statutes. One such requirement, as scrutinized and decided by FERC in …

May 10, 2019 CERCLA / Due Diligence / New Jersey / New York / Pipeline

Posted by: Goldberg Segalla

FERC Ambivalence Leads to Pipeline Approval

In a split decision, a bipartisan four-commissioner panel of the Federal Energy Regulatory Commission (FERC) approved an application by Transcontinental Gas Pipe Line Co. LLC for a construction certificate. Transco plans to upgrade several portions of a pipeline that serves the northeast region of the country, including parts of New York City and New Jersey.

Specifically, the project involves construction of approximately 14 miles of pipeline in Pennsylvania, New Jersey, and Queens County, New York, 23 miles of offshore pipeline near Queens and Staten Island, …

May 2, 2019 Clean Water Act / Emissions / EPA / Pipeline / President Trump

Posted by: Goldberg Segalla

Executive Order 13868 – the Push is on to Maximize Energy Production – Climate Change Impacts and the Local Environment – Nevermind.

On April 10, 2019, the Trump administration published Executive Order 13868, “Promoting Energy Infrastructure and Economic Growth,” which directs the EPA Administrator to, “consult with states, tribes, and relevant executive departments and agencies in reviewing section 401 of the Clean Water Act and EPA’s related regulations and guidance to determine whether any provisions thereof should be clarified to be consistent with the policies described in section two of this order.” The policy referred to in section two states, in relevant part:

It is the …

April 25, 2019 New Jersey / New York / Pennsylvania / Pipeline

Posted by: Goldberg Segalla

Third Circuit Court of Appeals Halts Construction of PennEast Natural Gas Pipeline, Must Decide Issue of Eminent Domain

Recently, we reported that the United States District Courts for the Middle District of Pennsylvania and the District of New Jersey granted a consortium of natural gas companies the right of eminent domain to take steps towards building the PennEast pipeline to connect natural gas sources in Pennsylvania to parts of New Jersey.

As the next development in this project’s complicated legal track, the Third Circuit Court of Appeals issued a stay to temporarily stop any physical construction from beginning on the pipeline in New …

December 20, 2018 Agriculture / Pipeline

Posted by: Rosa D. Forrester

Federal Court Shoots Down Pipeline Project

The Fourth U.S. Circuit Court of Appeals sided with environmental groups this week, ruling that the U.S. Forest Service violated federal environmental laws by granting permission for the construction of the Atlantic Coastal Pipeline. This 600 mile natural gas pipeline would cut through the mid-Atlantic United States, from West Virginia to North Caroline, and would traverse part of the Appalachian Trail.

The project has been met with opposition since its inception, with environmentalists arguing that federal agencies have failed to properly review the impact of …