On July 19, 2017, Republicans in the U.S. House of Representatives passed legislation that grants the Federal Energy Regulatory Commission (“FERC”) increased autonomy over pipeline approvals.  The bill, Promoting Interagency Coordination for Review of Natural Gas Pipelines Act (H.R. 2910), is aimed at streamlining the federal permitting process for pipeline approvals.

H.R. 2901 would specify timeframes and procedures for FERC and other affected agencies to follow in conducting environmental reviews related to natural gas pipelines.  The bill would give FERC the authority to designate which other agencies will participate in the permitting and environmental review process, and FERC would hold primary authority by setting the terms of environmental reviews, requiring other federal agencies to defer to FERC.  In addition, all National Gas Act reviews would be required to proceed concurrently and finish within 90 days of the environmental review, unless otherwise mandated by law.

Backers of the bill claim that it will create a more transparent and accountable permitting system.  Democrats opposing H.R. 2910 argue that the bill will result in a significant reduction in environmental reviews and community consultations in the permitting process.

The Congressional Budget Office estimates that implementing the bill would have no significant net effect on the federal budget.  As of July 20, H.R. 2910 was received in the Senate, and has been referred to the Committee on Commerce, Science, and Transportation.  We will continue to monitor the bill, as we expect it to face an uphill battle in the Senate later this session.

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Photo of Mike Mills Mike Mills

Mike Mills is a partner and chair of the firm’s Oil & Gas, Pipelines and Mining Industry Team.  Oil & gas, as well as mining companies, look to Mike to skillfully advise them on natural resources development issues, counsel them on federal and…

Mike Mills is a partner and chair of the firm’s Oil & Gas, Pipelines and Mining Industry Team.  Oil & gas, as well as mining companies, look to Mike to skillfully advise them on natural resources development issues, counsel them on federal and state hazardous waste cleanup matters, and help them successfully navigate property tax valuation disputes.

When necessary to protect his clients’ interests, Mike relies on his understanding of complex regulatory matters and his clients’ businesses to defend them in environmental litigation, defeat citizen suit claims, and reduce or eliminate fines and penalties. He has been listed in Northern California Super Lawyer® since 2013 in Environmental Law and Energy & Natural Resources.

Click here for Mike Mills’ full bio.

Photo of Shannon Morrissey Shannon Morrissey

Shannon Morrissey is an associate in Stoel Rives’ Environment, Land Use & Natural Resources group. She has experience with permitting, transactional and natural resources matters. She is the Secretary for the Executive Committee of the Sacramento County Bar Association, Environmental Law Section. Before

Shannon Morrissey is an associate in Stoel Rives’ Environment, Land Use & Natural Resources group. She has experience with permitting, transactional and natural resources matters. She is the Secretary for the Executive Committee of the Sacramento County Bar Association, Environmental Law Section. Before joining Stoel Rives, Shannon was a summer associate (2014) and law clerk (2014-2015) with Stoel Rives LLP and was a legal extern at the Calif. State Water Resources Control Board and California Department of Justice. She is a frequent contributor to Stoel Rives’ California Environmental Law and Mineral Law blogs.