The U.S. EPA and Army Corps of Engineers announced on March 25th a proposed rule revising the scope of waters protected under the Clean Water Act (CWA).
Continue Reading Proposed Rule Defining “Waters of the United States” Announced by EPA and Corps of Engineers
Permitting
Federal Court Upholds Issuance of Nationwide Permits for Pipeline Construction
Nationwide permitting for linear projects, relied upon by pipeline operators for construction and maintenance projects, recently survived a challenge from environmental groups. On December 30, 2013, the U.S. District Court for the Western District of Oklahoma ruled against the Sierra Club and other environmental groups in their challenge to the U.S. Army Corps of Engineers’ (Corps) use of Nationwide Permit 12 (NWP 12) for linear utility line projects. …
Continue Reading Federal Court Upholds Issuance of Nationwide Permits for Pipeline Construction
Review of Presidential Permit Limited to Border Crossing (Not Entire Pipeline)
In late 2013, the U.S. State Department granted a Presidential Permit approving the reversal of flow of an existing pipeline that crosses the U.S.-Canadian border in North Dakota. In contrast to other pending Presidential Permits for several proposed pipelines, such as Keystone XL, it appears that the State Department limited its review in this instance to a short section of the pipeline at the border crossing, as opposed to the entire pipeline.
Continue Reading Review of Presidential Permit Limited to Border Crossing (Not Entire Pipeline)
House Votes on Two New Pieces of Proposed Pipeline Legislation
Two bills aimed at expediting pipeline construction permitting and, in turn, U.S. energy production are moving through the House of Representatives, but face opposition in the Senate and the White House. The Natural Gas Pipeline Permitting Reform Act passed the House of Representatives by a large majority on Thursday, November 21, 2013.
Continue Reading House Votes on Two New Pieces of Proposed Pipeline Legislation
Expedited Permitting Bill Introduced in House
Representative Mike Pompeo (R-Kan.) introduced HR 1900, to provide for timely consideration of licenses, permits, and approvals with respect to the siting, construction, expansion, or operation of any natural gas pipeline projects. The bill would amend the Natural Gas Act by requiring FERC to approve or deny a certificate of public convenience or necessity no…
GAO Issues Report on Natural Gas Permitting Processes
In response to the PSA amendments of 2011, GAO reviewed permitting processes for both interstate and intrastate natural gas pipeline projects given the recent increase in pipelines needed to manage the growth in domestic natural gas production. While the report does not make any particular recommendations, it does examine the various permit processes necessary to…
INGAA Releases Study Finding Increased Delays in Non-FERC Natural Gas Pipeline Permitting
Despite the goal of the 2005 Energy Policy Act’s (EPAct) to streamline and expedite permitting for natural gas pipeline construction projects, a recent study funded by INGAA found that non-FERC agencies have experienced increased delays in permitting projects. The percentage of federal authorizations issued more than 90 days beyond FERC’s issuance of its final NEPA…
Sierra Club Sues to Block Keystone Gulf Coast Project
In a lawsuit that could have a broader impact than just halting the pipeline, the Sierra Club has brought a lawsuit against the US Army Corps of Engineers’ issuance of a NWP 12 permit to the Keystone Gulf Coast Project. The NWP 12 permit authorizes construction, maintenance and repair of linear utility lines in waters…