Category: Pipelines

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U.S. Supreme Court Holds that Natural Gas Pipeline May Cross Under Appalachian Trail

By Mike Mills and Sarah Taylor on Posted in Oil & Gas, Permitting, Pipelines
On June 15, 2020, the U.S. Supreme Court held in United States Forest Service v. Cowpasture River Preservation Association that the U.S. Forest Service was authorized to issue a special use permit granting a 0.1-mile right of way under the Appalachian Trail (“Trail”) to Atlantic Coast Pipeline, LLC (“Atlantic”) for a proposed underground natural gas … Continue Reading

PHMSA Issues Guidance on Enforcement During COVID-19 Outbreak

By Max Yoklic on Posted in COVID-19, Pipelines
Like many other regulators, on March 20, 2020 the Pipeline and Hazardous Materials Safety Administration (PHMSA) released guidance on enforcement activity during the novel coronavirus (COVID-19) outbreak. The guidance states that “PHMSA does not intend to take any enforcement action with regard to [operator qualification] and [control room management] requirements, and will consider exercising its … Continue Reading

Senate Proposes Legislation to Modernize Federal Energy Policies

By Mike Mills and Shannon Morrissey on Posted in Legislation, Oil & Gas, Pipelines
On June 28, 2017, the Senate introduced a bill that aims to revitalize and overhaul various federal energy and natural resources policies.  Senate Bill 1460 (S.1460), sponsored by Senators Lisa Murkowski (R-Arkansas) and Maria Cantwell (D-Washington), broadly proposes reform of United States policies on topics such as energy efficiency, supply and conservation.  A key highlight … Continue Reading

Oil Transportation and Suction Dredge Mining Legislative Topics in Washington Too

By Eric Martin on Posted in Legislation, Mining, Oil & Gas, Permitting, Pipelines, Regulation, Washington
Following up on last week’s post about Oregon legislative proposals, here are some of the mineral-related bills currently pending in the Washington State Legislature: Oil and Gas SB 5462 and HB 1611 – These two almost identical bills are follow-ups to the Oil Transportation Safety Act that was enacted in Washington two years ago. Among other … Continue Reading

In Effort to Increase Both Transparency and Safety, PHMSA Releases Civil Penalty Framework

By Mike Mills and Shannon Morrissey on Posted in Oil & Gas, Pipelines, Regulation
The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a General Policy Statement for civil penalties (“Penalty Framework”) on October 17, 2016.  The Penalty Framework allows a respondent in a PHMSA enforcement case to request a proposed civil penalty calculation related to its case, and provides a penalty range with corresponding factors … Continue Reading

Proposed Rules Coming Down the Pipeline for Gas Gathering and Transmission Lines

By Mike Mills and Eric Skanchy on Posted in Pipelines, Regulation
In one of the most sweeping proposals since the creation of the Pipeline and Hazardous Materials Safety Administration (“PHMSA”), the agency has announced proposed regulations to update requirements relating to gas gathering and transmission lines.  We find that there are four main areas our readers definitely should be aware of. First, the proposed regulations would … Continue Reading

Congress Repeals Crude Oil Export Ban, a Legacy of 1970s Oil Embargo

By Eric Martin on Posted in Fracking, Legislation, Oil & Gas, Pipelines, Regulation
Before leaving Washington, D.C. for the holidays, President Obama signed H.R. 2029 (Consolidated Appropriations Act, 2016), which repealed the ban on U.S. exports of crude oil.  The repeal occurred just few days before today’s 40th anniversary of President Ford signing the ban into law.  According to historical data from the U.S. Energy Information Administration, when … Continue Reading

New Law Streamlines Federal Permitting and Environmental Review Processes

By Jared Wigginton on Posted in Legislation, Natural Gas Storage, Oil & Gas, Permitting, Pipelines
Major infrastructure developers received a notable holiday gift from Capitol Hill and the White House earlier this month with the December 4, 2015 enactment of the Highway Authorization Act. Title XLI of the Act promises to streamline both the authorization (license, permit, approval, etc.) and environmental review processes for covered projects. Who Benefits? To benefit … Continue Reading

Activists Make Good on Promise to Sue DOT over Pipeline Regs.

By Mike Mills and Eric Skanchy on Posted in Oil & Gas, Pipelines
On October 8, the National Wildlife Federation (“NWF”) fulfilled its promise to sue the U.S. Department of Transportation (“DOT”). The lawsuit alleges that for 20 years the DOT has allowed pipelines to operate illegally by failing to issue regulations under section 311(j) of the Clean Water Act (“CWA”), which requires pipeline operators to submit plans … Continue Reading

Pipeline Operators Take Heed – Threatened Enviro Lawsuit May Lead to Greater Regulatory Requirements

By Mike Mills and Eric Skanchy on Posted in Oil & Gas, Pipelines
On July 28, 2015, the National Wildlife Federation (“NWF”) filed an intent to sue notice against the Department of Transportation (“DOT”), arguing the DOT has not properly approved pipeline projects for more than 20 years. The legal action carries nationwide implications: Every U.S. oil pipeline that intersects a navigable water may soon be subject to additional … Continue Reading

Department of Energy Report Calls for U.S. to Modernize Energy Infrastructure, Invest in Natural Gas Pipelines

By Mike Mills on Posted in Natural Gas Storage, Oil & Gas, Pipelines
On Tuesday, April 21 the Obama Administration released the first Quadrennial Energy Review (“QER”) as a component of President Obama’s Climate Action Plan.  The extensive report analyzes energy infrastructure in the United States, and “identifies the threats, risks, and opportunities for U.S. energy and climate security, enabling the federal government to translate policy goals into … Continue Reading

Industry Task Force Makes Proposals To Increase Natural Gas Capture In North Dakota

By Andrew Pieper on Posted in Fracking, Landowner issues, Minnesota, Natural Gas Storage, Oil & Gas, Pipelines
In late-January, the North Dakota Petroleum Council’s task force on natural gas flaring released its much-anticipated recommendations to the North Dakota Industrial Commission, the administrative body that regulates oil and gas wells in the state.  The task force made several proposals with the aim to increase the amount of natural gas captured at wellheads, including … Continue Reading

Transportation Safety Issues Fueling Pipeline Proposals In North Dakota And Minnesota

By Andrew Pieper on Posted in Minnesota, Permitting, Pipelines
Following the derailment and explosion of a train carrying crude oil near Casselton, North Dakota, and a federal Department of Transportation safety alert that Bakken crude may be more prone to ignite at lower temperatures than other crudes, there’s renewed interest in finding secure transportation alternatives for those natural resources.  Pipelines are one alternative gaining … Continue Reading

CalCIMA Education Conference

By Mike Mills on Posted in California, Events, Mining, Oil & Gas, Pipelines, State Specific Mining Issues
Join Stoel Rives Partners Michael Mills and Tom Henry for the CalCIMA Education Conference.  Stoel Rives is a proud sponsor of this event.  California leads the nation in construction aggregate production.  The California Construction and Industrial Materials Association is a non-profit organization that brings together aggregate, industrial mineral, and ready mixed concrete producers to provide … Continue Reading
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