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Natural Gas

Environmentalists Expand NEPA Litigation Against Gas Infrastructure

Environmental groups are pursuing two new types of lawsuits challenging environmental reviews of natural gas infrastructure, including one case seeking to underscore a precedent forcing federal regulators to consider downstream carbon emissions from pipelines and a second seeking to block a liquified natural gas (LNG) export terminal that would receive the fuel from rail and trucks, not pipelines.

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Judge Cites Lack Of Cumulative Climate Analysis In Oil & Gas Lease Vacatur

A federal district judge is citing the Bureau of Land Management’s (BLM) failure to consider cumulative climate change impacts when approving hundreds of oil and gas leases as one of several reasons to vacate the leases on nearly 150,000 acres of public land in Montana.

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Boulder Says Oil Industry Climate Nuisance Defense No Longer Viable

Attorneys for Colorado municipal governments are arguing that the oil industry’s legal defense against their push to advance a climate change nuisance case in state court are no longer viable, and they are urging a federal appellate court to dismiss the industry’s appeal over the key venue dispute.

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Study Of Natural Gas Appliances’ Air Effects Could Boost ‘Reach Codes’

Environmentalists are touting a new study on the health impacts of natural gas appliances to further their push for state and local governments to limit new gas infrastructure with “reach codes” that go beyond existing building standards, but industry groups are downplaying the results as outdated and incompatible with local building policies.

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Democrats finds FERC pipeline process harms landowners

Federal regulators have issued contentious “tolling orders” to every single landowner who challenged a pipeline approval over the past 12 years -- thus delaying their ability to file suit even though project construction could proceed.

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Judge Rejects Immediate Pause Of Ruling Blocking CWA Pipeline Permit

A federal district court judge is declining to immediately pause his order vacating an Army Corps of Engineers Clean Water Act (CWA) permit that has halted work on thousands of pipelines and other utility projects, though he will “expeditiously” consider the Justice Department’s (DOJ) request to partially stay the ruling pending an appeal.

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Democrats, former utility regulators back ACE challenge

Nearly 70 House Democrats and 10 senators, along with eight former Democratic Federal Energy Regulatory Commission (FERC) members, are joining a diverse group opposing the Trump EPA’s utility climate rule.

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DOJ Seeks To Limit Scope Of Ruling Blocking Corps’ CWA Pipeline Permit

The Justice Department (DOJ) is seeking to limit the scope of a federal district court order that vacated an Army Corps of Engineers Clean Water Act (CWA) permit governing pipelines and other utility projects, urging the court to stay its ruling pending a possible appeal and noting the decision has halted work on thousands of projects.

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As EPA Rule Nears, FERC Resists State Bid To Limit To CWA 401 Deadline

As EPA prepares to finalize a rule that would limit states’ ability to block federally approved projects under the Clean Water Act (CWA), a federal appellate court is weighing a case that could determine how long states have to review the projects before they must decide to act.

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D.C. Circuit Targets FERC’s Use Of ‘Tolling Orders’ To Block Pipeline Suits

Many of the judges on the U.S. Court of Appeals for the District of Columbia Circuit are grappling with how they could stop the Federal Energy Regulatory Commission (FERC) from using “tolling orders” that allow pipelines to be built and put into service while blocking opponents’ ability to sue over the project approvals including over environmental claims.

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