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Articles by Randall Rich
Review NAESB Contract for Impact of U.S. Tariffs on Gas Imports
If you are a seller or purchaser of natural gas imported from Canada or Mexico, or exported to either country, under an NAESB Base Contract for the Purchase and Sale of Natural Gas (NAESB Contract), you should carefully review such agreements, including any special provisions or transaction confirmations to consider the impact of potential tariffs that may be imposed by the United States on natural gas imported from Canada or Mexico or imposed in retaliatory tariffs by those countries on...
D.C. Circuit Court Again Addresses NEPA’s Scope | JD Supra
On January 7, 2025, the U.S. Court of Appeals for the D.C. Circuit, in Citizens Action Coalition of Indiana v. FERC, rejected a National Environmental Protection Act (NEPA) and Natural Gas Act (NGA) challenge to FERC’s approval of a natural gas pipeline in Indiana after an Environmental Impact Statement was issued. Plaintiffs’ central challenge was that NEPA required FERC to analyze non-gas alternatives before approving the pipeline. The D.C. Circuit disagreed.
NHTSA Proposes National Voluntary Framework for Autonomous Vehicle Oversight
The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has proposed a voluntary national framework to evaluate and oversee certain vehicles equipped with automated driving systems (ADS). This proposal aims to enhance transparency and safety in autonomous vehicle (AV) operations through the ADS-Equipped Vehicle Safety, Transparency, and Evaluation Program (AV STEP).
D.C. Circuit Court Affirms EPA’s Power to Regulate Biogas
On July 19, 2024, the D.C. Circuit Court upheld modified EPA regulations on monitoring biogas-derived renewable fuel, rejecting the petition of the Coalition for Renewable Natural Gas (the Coalition) -- a trade association that represents companies and organizations that operate throughout the renewable-natural-gas chain -- to overturn EPA’s modifications to the Clean Air Act’s Renewable Fuel Program (42 USC §7545(o)) concerning Renewable Identification Numbers (RINs).
CEQ Finalizes Substantial Revisions to NEPA | JD Supra
The White House Council on Environmental Quality (CEQ) today published its final rule to implement “Phase 2” of its National Environmental Policy Act (NEPA) regulation amendments. This is CEQ’s final step to unwind many of the Trump Administration’s 2020 NEPA changes – the first sweeping revisions to NEPA since CEQ issued its NEPA implementing regulations in 1978 (as described in our January 2020 and July 2020 client alerts).
Reviewing President Biden's Three FERC Commissioner Nominations
On February 29, 2024, President Biden nominated three new commissioners of the Federal Energy Regulatory Commission (“FERC”). The nominations will be reviewed and voted on by the Senate Energy and Natural Resources Committee and are subject to confirmation by the full Senate. If approved, the nominees will provide FERC with a full slate of five commissioners, including three Democrats and two Republicans.
Federal Energy Regulatory Commission FY 2023 Enforcement Report
The Federal Energy Regulatory Commission's (FERC) Office of Enforcement (OE) recently issued its Fiscal Year 2023 Annual Report on Enforcement. As in previous years, the Enforcement Report discusses the activities performed in the OE’s Division of Investigations (DOI), Division of Audits and Accounting (DAA), and Division of Analytics and Surveillance (DAS).
FERC Releases Fiscal Year 2023 Annual Enforcement Report
The Federal Energy Regulatory Commission’s (FERC) Office of Enforcement (OE) recently issued its Fiscal Year 2023 Annual Report on Enforcement. As in previous years, the Enforcement Report discusses the activities performed in the OE’s Division of Investigations (DOI), Division of Audits and Accounting (DAA), and Division of Analytics and Surveillance (DAS).
FERC Assesses $1.2 Million Civil Penalty for Abandonment Without Authorization and Incomplete Application | JD Supra
A recent Federal Energy Regulatory Commission (FERC) order approving a Stipulation and Consent Agreement between Georgia-Pacific Crossett LLC (GPC) and FERC’s Office of Enforcement providing for payment of a $1.2 million civil penalty serves as an important object lesson for all natural gas companies owning interstate natural gas pipelines or other jurisdictional facilities subject to a certificate of public convenience and necessity under Section 7(c) of the Natural Gas Act (NGA).
DOJ Parallel Proceedings
Parallel proceedings are a boon for prosecutors in criminal investigations. When parallel civil enforcement investigations or third-party lawsuits occur concurrently with criminal cases, the government will take full advantage of the information-sharing opportunities they provide.
Federal Energy Regulatory Commission Penalizes Natural Gas Company
A recent Federal Energy Regulatory Commission (FERC) order approving a Stipulation and Consent Agreement between Georgia-Pacific Crossett LLC (GPC) and FERC’s Office of Enforcement providing for payment of a $1.2 million civil penalty serves as an important object lesson for all natural gas companies owning interstate natural gas pipelines or other jurisdictional facilities subject to a certificate of public convenience and necessity under Section 7(c) of the Natural Gas Act (NGA).
Ninth Circuit Upholds FERC’s Interpretation of Statute of Limitations to Enforce Civil Penalties | JD Supra
On August 18, 2023, the United States Court of Appeals for the Ninth Circuit upheld a district court order adopting the Federal Energy Regulatory Commission’s (FERC) interpretation of the statute of limitations applicable to enforcement proceedings resulting in a civil penalty under the Federal Power Act. In FERC v. Vitol, No. 22-15584 (9th Cir. Aug.
Ninth Circuit Upholds FERC's Interpretation Of Statute Of Limitations To Enforce Civil Penalties
On August 18, 2023, the United States Court of Appeals for the Ninth Circuit upheld a district court order adopting the Federal Energy Regulatory Commission's (FERC) interpretation of the statute of limitations applicable to enforcement proceedings resulting in a civil penalty under the Federal Power Act. In FERC v. Vitol, No. 22-15584 (9th Cir. Aug.
Ninth Circuit Upholds FERC’s Interpretation of Statute of Limitations to Enforce Civil Penalties
On August 18, 2023, the United States Court of Appeals for the Ninth Circuit upheld a district court order adopting the Federal Energy Regulatory Commission’s (FERC) interpretation of the statute of limitations applicable to enforcement proceedings resulting in a civil penalty under the Federal Power Act. In FERC v. Vitol, No. 22-15584 (9th Cir. Aug.
Federal Law Preempts Berkeley's Natural Gas Pipeline Ban
Whether you are a James Beard Award-winning chef or a self-taught home cook dreaming of that shiny new gas stove, you can rest somewhat easier. The U.S. Court of Appeals for the Ninth Circuit has ruled that the federal Energy Policy and Conservation Act (ECPA), 42 U.S.C. § 6297(c) preempts the City of Berkeley, California's 2019 regulation prohibiting the installation of natural gas piping in new buildings.
Sierra Club v. FERC – CourtListener.com
Sierra Club v. FERC, 20-1512 (D.C. Cir. 2023) Court of Appeals for the D.C. Circuit May 26th, 2023 Precedential None known 20-1512 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued April 7, 2022 Decided May 26, 2023 No. 20-1512 SIERRA CLUB, ET AL., PETITIONERS v. FEDERAL ENERGY REGULATORY COMMISSION, RESPONDENT EQUITRANS, L.P., ET AL., INTERVENORS Consolidated with 21-1040 On Petitions for Review of Orders of the Federal Energy Regulatory Commission Benjamin A.
Federal Law Preempts Berkeley’s Natural Gas Pipeline Ban
Wednesday, April 19, 2023 Whether you are a James Beard Award-winning chef or a self-taught home cook dreaming of that shiny new gas stove, you can rest somewhat easier. The U.S. Court of Appeals for the Ninth Circuit has ruled that the federal Energy Policy and Conservation Act (ECPA), 42 U.S.C. § 6297(c) preempts the City of Berkeley, California’s 2019 regulation prohibiting the installation of natural gas piping in new buildings.
FERC Releases Fiscal Year 2022 Annual Enforcement Report | JD Supra
On November 17, 2022, the Staff of the Office of Enforcement (“OE”) of the Federal Energy Regulatory Commission (“FERC”) issued its sixteenth Annual Report on Enforcement (the “Report”).[1] The Report discusses the activities performed by OE’s Division of Investigations (“DOI”), Division of Audits and Accounting (“DAA”), and Division of Analytics and Surveillance (“DAS”).
EPA Considers Classifying Discarded PVC Plastic as Hazardous Waste
In yet another “sue and settle” case, the U.S. Environmental Protection Agency has proposed entering into a consent decree agreeing to rule on the Center for Biological Diversity’s (CBD) petition to classify discarded polyvinyl chloride (PVC) as a hazardous waste under the Resource Conservation and Recovery Act (RCRA).
Amidst Ongoing Policy Statement Controversy, D.C. Circuit Remands Another FERC Pipeline Order Over GHG Analysis | JD Supra
Once again finding the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) environmental assessment (“EA”) analysis of the downstream effect of greenhouse gas (“GHG”) emissions associated with interstate natural gas pipelines and liquefied natural gas terminals certificated pursuant to the Natural Gas Act (“NGA”) legally insufficient, on March 11, 2022, the United States Court of Appeals for the District of Columbia Circuit issued a remand directing FERC to consider the reasonably...
FERC Issues Two Controversial Policy Statements on Natural Gas Infrastructure | JD Supra
On February 18, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two controversial policy statements that will significantly impact the permitting and construction of new natural gas pipeline facilities. The policy statements were each approved by a 3-2 majority with Commissioners Danly and Christie issuing separate dissents.
Technical Conference Sparks Debate Over FERC’s Legal Authority to Consider Greenhouse Gas Emissions in Pipeline Certification Review | JD Supra
On November 19, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) convened a Staff-led technical conference to discuss methods natural gas companies may use to mitigate the effects of direct and indirect greenhouse gas (“GHG”) emissions resulting from pipeline construction and expansion projects that are subject to Natural Gas Act (“NGA”) sections 3 and 7 authorizations by FERC (the “Conference”).
Technical Conference Sparks Debate Over FERC’s Legal Authority to Consider Greenhouse Gas Emissions in Pipeline Certification Review
On November 19, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) convened a Staff-led technical conference to discuss methods natural gas companies may use to mitigate the effects of direct and indirect greenhouse gas (“GHG”) emissions resulting from pipeline construction and expansion projects that are subject to Natural Gas Act (“NGA”) sections 3 and 7 authorizations by FERC (the “Conference”).
CEQ Moves to Reinstate Three Key NEPA Provisions Removed Under Trump Administration | JD Supra
The White House Council on Environmental Quality (CEQ) announced today that it is initiating a rulemaking to restore three important procedural provisions of the National Environmental Policy Act (NEPA) that will apply to environmental reviews for a wide range of federal projects, including those of private developers that require federal permits.
House of Reps, TSA Tackle Cybersecurity in the Energy Industry | JD Supra
This week, the House of Representatives approved three measures aimed at improving cybersecurity in the energy industry: Energy Emergency Leadership Act. This Bill requires the Secretary of Energy to assign energy emergency and cybersecurity responsibilities to an Assistant Secretary, including responsibilities regarding infrastructure and cybersecurity. Enhancing Grid Security through Public-Private Partnerships Act.
Government Races to Secure Critical Infrastructure in Wake of Colonial Pipeline Ransomware Attack | JD Supra
One of the nation’s largest pipelines, Colonial Pipeline, which carries 45 percent of the East Coast’s fuel supplies, was forced to shut down on May 7 after it was targeted by a ransomware attack. Ransomware is a type of malware where criminal groups encrypt data, effectively “holding it hostage,” until the victim pays a ransom. Colonial Pipeline resumed operations on May 15.
State Climate Legislation Takes Aim at Natural Gas Industry
April 09, 2021 State Climate Legislation Takes Aim at Natural Gas Industry by: Jared S. des Rosiers and Kayla J. Grant Were Current Patent Judges Unconstitutionally Appointed? by: Brian A. Pattengale, Ph.D. COBRA Subsidy: What We Know Now After Initial DOL Guidance by: Timothy J. Stanton and Kristine M. Bingman Jane Norberg To Step Down After Years of Success as Chief of SEC... by: Mary Jane Wilmoth Implications of the Pandemic on Hospitals – New OIG Report,... by: Theresa E.
The Natural Gas Industry in a Climate-Focused Future: Regulators Take Action to Adapt
Friday, March 19, 2021 Climate change policies at the state and federal levels will have significant impacts on natural gas companies and their customers. On the one hand, there is pressure on companies to maintain safe and reliable service – on the other, the push for net-zero carbon emissions by 2050.
Biden Appoints Richard Glick Appointed FERC Chairman
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
U.S. Senate Confirms Two New FERC Commissioners
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
FERC Accepts PJM Compliance Filings Overhauling Reserve Market and E&AS Offset Calculation | JD Supra
On November 12, 2020, the Federal Energy Regulatory Commission (“Commission”) approved changes regarding PJM Interconnection, L.L.C.’s (“PJM”) reserve market, including how the Regional Transmission Organization (“RTO”) calculates its energy and ancillary services offset (“E&AS Offset”).
BREAKING NEWS: FERC Nominees Advance to Senate
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
BREAKING NEWS: Neil Chatterjee Removed as FERC Chairman | JD Supra
In a surprise move last night, President Trump removed Neil Chatterjee as Chairman of FERC, and appointed James Danly. Chatterjee issued a statement on Twitter, noting the honor of serving as Chairman, wishing Danly well, and committing to serve out the remainder of his term as a Commissioner. Chatterjee’s term will expire in June 2021.
BREAKING NEWS: Neil Chatterjee Removed as FERC Chairman
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
FERC Proposes Policy Statement on Oil Pipeline Affiliate Contracts | JD Supra
On October 15, 2020, the Federal Energy Regulatory Commission (FERC) issued a proposed policy statement containing guidance for oil (and petroleum products) pipeline common carriers proposing rates and terms pursuant to affiliate contracts.
Update: First Circuit Revises Prior Decision to Vacate Air Permit in Light of Material Developments | JD Supra
As discussed previously in Pierce Atwood’s Energy Infrastructure Blog, on June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by Algonquin Gas Transmission (Algonquin) as part of its Atlantic Bridge natural gas pipeline project and remanded the matter to the agency for further analysis. Town of Weymouth v.
Surprise! President Trump Nominates Democrat and Republican to FERC | JD Supra
On July 27, 2020, President Trump nominated two candidates to the Federal Energy Regulatory Commission (FERC), securing a Republican majority on the Commission through June 2021 while also ensuring a continued quorum. Trump nominated Allison Clements, the Democrats’ top pick, alongside Republican Mark C. Christie. Clements currently serves as founder and president of Goodgrid, LLC, an energy policy and strategy consulting firm.
Surprise! President Trump Nominates Democrat and Republican to FERC
Ruta Skučascounsels her clients on energy issues, focusing primarily on electric and natural gas matters, before the Federal Energy Regulatory Commission (FERC), state and federal entities, including federal courts and state public utility commissions. Her clients range from financial institutions and power marketers to traditional utilities. Ruta's clients benefit from her years of experience working at FERC.
CEQ Overhauls Federal Environmental Review | JD Supra
The Council on Environmental Quality (CEQ), a division of the Executive Office of the President, yesterday promulgated by publication in the Federal Register significant changes to its regulations implementing the National Environmental Policy Act (NEPA).
Update: FERC Revises “Tolling” Order Language to Address Recent Court of Appeals Decision; Seeks Legislative Fix | JD Supra
As discussed previously in Pierce Atwood’s Energy Infrastructure Blog, on June 30, 2020, the U.S. Court of Appeals for the DC Circuit ruled that FERC lacks authority to issue tolling orders that postpone rehearing decisions on natural gas project orders solely to give the agency more time to consider rehearing requests and which delay opposing parties’ efforts to file appeals court challenges. Allegheny Defense Project v. FERC, No. 17-1098 (D.C. Cir. June 30, 2020).
Update: FERC Revises “Tolling” Order Language to Address Recent Court of Appeals Decision; Seeks Legislative Fix
Valerie Green focuses her practice on natural gas, electricity, renewable energy, and regulatory and compliance issues involving the Federal Energy Regulatory Commission (FERC) and other administrative agencies.
DC Circuit Rejects FERC’s Tolling Authority in Pipeline Certificate Proceedings | JD Supra
The Federal Energy Regulatory Commission (“FERC”) can no longer delay judicial review of its orders under the Natural Gas Act by issuing a tolling order that takes no action on a rehearing request other than granting itself more time to address the merits.
DC Circuit Rejects FERC’s Tolling Authority in Pipeline Certificate Proceedings
Thursday, July 2, 2020 The Federal Energy Regulatory Commission (“FERC”) can no longer delay judicial review of its orders under the Natural Gas Act by issuing a tolling order that takes no action on a rehearing request other than granting itself more time to address the merits.
PHMSA Issues Gas Pipeline Regulatory Reform Notice of Proposed Rulemaking | JD Supra
[co-author: Kayla Grant] On June 9, 2020, the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a Notice of Proposed Rulemaking (“NOPR”) to revise the Federal Pipeline Safety Regulations (“Regulations”) to reduce regulatory burdens associated with construction, operation, and maintenance of gas pipeline systems. The NOPR is in response to a series of executive orders (E.O. 13771, 13777, and 13783) calling on agencies to reduce or eliminate regulatory burdens.
PHMSA Issues Gas Pipeline Regulatory Reform Notice of Proposed Rulemaking
June 10, 2020 Remote Witness Protection: Retirement Plan Consents in the Age of... by: Elizabeth W. O’Gara Ninth Circuit Affirms that Liens Pass Through Bankruptcy Even if... by: Richard W. Brunette, Jr. Too Much Money!: Court Holds Excess Class Settlement Funds to go to... by: Jason M. Ingber COVID-19 Advance Contact Tracing Video by: Andrew B. Cripe Louisiana Legislature Ratifies and Extends Governor’s Extension of... by: Andre Burvant and Cami J.
First Circuit Vacates Air Permit Due to Inadequate BACT Analysis | JD Supra
On June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by Algonquin Gas Transmission as part of its Atlantic Bridge natural gas pipeline project and remanded the matter to the agency for further analysis. Town of Weymouth v. Massachusetts Department of Environmental Protection, et al., No. 19-1794 (Jun. 3, 2020).
Update: First Circuit Revises Prior Decision to Vacate Air Permit in Light of Material Developments | Lexology
As discussed previously in Pierce Atwood’s Energy Infrastructure Blog, on June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by Algonquin Gas Transmission (Algonquin) as part of its Atlantic Bridge natural gas pipeline project and remanded the matter to the agency for further analysis. Town of Weymouth v.
FERC Acts to Provide Relief and Ensure Reliability During Coronavirus Pandemic
Valerie Green focuses her practice on natural gas, electricity, renewable energy, and regulatory and compliance issues involving the Federal Energy Regulatory Commission (FERC) and other administrative agencies.
BREAKING: Senate Confirms FERC General Counsel James Danly as Commissioner | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
BREAKING: Senate Confirms FERC General Counsel James Danly as Commissioner
Valerie Green focuses her practice on natural gas, electricity, renewable energy, and regulatory and compliance issues involving the Federal Energy Regulatory Commission (FERC) and other administrative agencies.
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