Construction of new pipeline (especially gas) or other energy infrastructure often encounters issues arising from the Migratory Bird Treaty Act (MBTA or Act). The U.S. Fish and Wildlife Service (FWS or the Service) recently announced its intent to evaluate the potential environmental impacts of a proposal to authorize incidental takes of birds under the MBTA.
Continue Reading New Pipeline Construction Issues: U.S. Fish and Wildlife Service Considers Allowing Incidental Takes Under the Migratory Bird Treaty Act
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PHMSA Broadly Interprets Its Construction Oversight Authority
By Hunton Andrews Kurth LLP on
The authority of the U.S. Department of Transportation (DOT) to establish minimum safety standards for the design, installation, and construction of pipeline facilities is clearly set forth in the Pipeline Safety Act (49 U.S.C. § 601 et seq.) (PSA or the Act), as is its authority to conduct design review of certain new facilities and new and novel technology by virtue of the 2012 amendments. …
Continue Reading PHMSA Broadly Interprets Its Construction Oversight Authority
FERC EA Fails to Consider Impacts from Related Pipeline Construction Projects
In a decision that may affect how impacts of related pipeline construction projects are analyzed, the D.C. Circuit Court of Appeals recently remanded an environmental assessment (EA) prepared by FERC under the National Environmental Policy Act (NEPA). …
Continue Reading FERC EA Fails to Consider Impacts from Related Pipeline Construction Projects