Certificates & Project Development Practice
Issue Alerts
Fourth Circuit CZMA Decision Strikes Down State Law Designed to Block Siting of LNG Terminals and Requires States to Seek Federal Approval for Amendments to Coastal Zone Management Plans
Janna Chesno, John BurnesMay 21, 2008
The U.S. Court of Appeals for the Fourth Circuit reversed a decision of the U.S. District Court for the District of Maryland, and held that a Baltimore County Council zoning amendment prohibiting the siting of liquefied natural gas facilities in previously designated Chesapeake Bay Critical Areas in Baltimore County was preempted by the Natural Gas Act.
FERC Issues Staff Report on Enforcement
John H. Burnes, Paul KormanNovember 14, 2007
On November 14, the Federal Energy Regulatory Commission (FERC) released its Staff Report on Enforcement that provides background into the evolution of its enforcement program, and shows how FERC uses its enforcement tools to encourage companies to develop effective compliance programs and to deter and punish misconduct.
FERC Issues Final Rule Revising Blanket Certificate Regulations
Shippen Howe, Celia MartellinoOctober 23, 2007
FERC issued a final rule amending its blanket certificate construction regulations with respect to landowner notification requirements and noise surveys for the construction of natural gas compressor units or liquefied natural gas facilities.
FERC Proposes to Amend Financial Reporting Requirements for Natural Gas Pipeline Companies and Seeks Comments on Fuel Retention Practices
Susan Olenchuk, Ashley GarberSeptember 27, 2007
FERC issued a notice of proposed rulemaking that would require natural gas pipeline companies to provide additional information in their FERC Form Nos. 2, 2-A and 3-Q. The Commission also issued a notice of inquiry seeking responses on specific questions relating to the Commission’s policy on fuel retention practices of natural gas companies.
FERC Issues Order on Rehearing Clarifying Revisions to Blanket Certificate Authority
John Burnes, Bob ChristinJune 27, 2007
On June 22, the Federal Energy Regulatory Commission issued an order granting in part, and denying in part, requests for rehearing and clarification of its Final Rule expanding the scope of activities authorized under its blanket certificate regulations.
Articles
The Intersection of the Migratory Bird Treaty Act and Energy Companies: An Uncertain Crossroad
Shippen HoweTrends: ABA Section of Environment, Energy, and Resources Newsletter
May 2010
The Migratory Bird Treaty Act was enacted in 1918 to implement a 1916 treaty signed between the United States and Great Britain to protect migratory birds. Although the statute appears largely to be directed at hunters, it has been used to impose strict, misdemeanor liability on energy companies and has had repercussions on energy companies that intend to build new infrastructure.
Seminars & Events
American Gas Association's Legal Forum
Grand Geneva, Lake Geneva, WIJuly 11, 2010
Lisa Epifani is speaking at this event. Susan Olenchuk, Rich Bonnifield, and Paul Korman are attending. Van Ness Feldman is a Gold Patron sponsor.
American Gas Association's Executive Conference
Kingsmill Resort & Conference Center, Williamsburg, VASeptember 13, 2009
Susan Olenchuk is attending this event. Van Ness Feldman is a sponsor.