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Articles by Mitch Diles
U.S. Transportation Department Grants States $64.4 Million To Bolster Pipeline Safety
On Aug. 2, 2023, the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) announced the grant of $64.4 million to states to improve the safety of pipelines and underground natural gas operations. The goal of the grant is to provide states with the funding necessary to inspect pipelines and underground natural gas facilities to ensure safety and compliance with federal and state regulations. Currently, the United States has 3.4 million miles of pipeline.
U.S. Transportation Department Grants States $64.4 Million to Bolster Pipeline Safety
On Aug. 2, 2023, the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) announced the grant of $64.4 million to states to improve the safety of pipelines and underground natural gas operations. The goal of the grant is to provide states with the funding necessary to inspect pipelines and underground natural gas facilities to ensure safety and compliance with federal and state regulations. Currently, the United States has 3.4 million miles of pipeline.
Winter Storm Uri Qualifies as Force Majeure, Even When Performance Was Not “Impossible”
On Feb. 15, 2023, the U.S. District Court for the Northern District of Texas held that the force majeure provision contained in the parties’ contract applied to excuse performance even if the event — Winter Storm Uri — did not render performance impossible. In MIECO LLC v. Pioneer Natural Resources USA, Inc., 2023 WL 2064723, the parties had entered into an agreement in which MIECO (Buyer) would purchase 20,000 million British thermal units of natural gas from Pioneer (Seller) each day from Nov.
TSA Notice of Proposed Rulemaking Targets Cyber Risk Management for Pipelines and Railways
On Nov. 30, 2022, the Transportation Security Administration (TSA) published an advance notice of proposed rulemaking (ANPRM) aimed at enhancing cyber risk management in the pipeline and rail sectors. Indeed, the ANPRM recognizes the critical role pipelines and railroads play in ensuring economic and national security. But the ongoing and growing risk of cyberattacks increases the potential for devastating consequences of short- and long-term disruptions to such sectors.
New Federal Pipeline Safety Regulations Present Work-Product Concerns
As of October 6, 2022, operators of gas and hazardous liquid pipelines must comply with the Pipeline and Hazardous Materials Safety Administration’s (“PHMSA”) Final Rule on “Valve Installation and Minimum Rupture Detection Standards.”[1] The Rule codifies several related design and performance standards across 49 C.F.R. Parts 192 and 195.
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