John H. Burnes
Issue Alerts
Obama Administration Establishes National Policy to Protect Oceans, Coasts, and Great Lakes and Creates National Ocean Council to Oversee and Implement New Policy
Emily Pitlick, John Clements, John Burnes, John Iani, Jon SimonJuly 22, 2010
On July 19, 2010, President Obama issued an Executive Order creating a national policy to promote stewardship of the ocean, coasts, and Great Lakes, to be implemented by federal agencies under the guidance of a new National Ocean Council. The Order provides for the development of coastal and marine spatial plans based on ecosystem management to analyze current and future uses of ocean, coastal, and Great Lakes areas.
First Circuit Affirms District Court Decision Striking Down State Effort to Regulate Siting and Construction of LNG Terminal
John Burnes, Ashley GarberOctober 28, 2009
On October 26, the U.S. Court of Appeals for the First Circuit upheld a decision of the U.S. District Court for the District of Rhode Island, and held that the failure of the Rhode Island Coastal Resources Management Council to respond within six months to an application for Coastal Zone Management Act (CZMA) consistency certification results in a conclusive presumption of consistency under the CZMA.
FERC Clarifies the Affiliate Standards of Conduct for Natural Gas Pipelines in Most Respects
John Burnes, Susan Olenchuk, Dan NeilsenOctober 20, 2009
On October 15, 2009, the Federal Energy Regulatory Commission issued Order No. 717-A addressing numerous requests for rehearing of the Standards of Conduct for Transmission Providers applicable to interstate natural gas pipelines regulated under the Natural Gas Act and public utilities regulated under the Federal Power Act.
PHMSA Proposes to Incorporate New and Updated Voluntary Consensus Standards into Pipeline Safety Regulations and to Clarify Certain Safety Regulations
Emily Pitlick, Susan Olenchuk, John Burnes, Meaghan Curry, Mona TandonAugust 5, 2009
On July 22, 2009 the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a notice of proposed rulemaking proposing to incorporate 41 new and updated voluntary consensus standards into federal pipeline safety regulations. PHMSA also is proposing to clarify several regulatory requirements. Van Ness Feldman's Pipeline Safety Team has prepared an overview of the proposed rule, which will affect regulatory requirements applicable to operators of gas pipelines, LNG facilities, and hazardous liquid pipelines.
PHMSA Proposes to Modify Reporting and Notification Requirements for Pipelines and to Establish New Requirements for LNG Facilities
Susan Olenchuk, John Burnes, Marisa SwensonJuly 8, 2009
On July 2, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration proposed new regulations that would revise reporting and notification requirements applicable to operators of gas and hazardous liquid pipelines and implement new reporting and notification requirements for operators of liquefied natural gas facilities.
Articles
LNG: FERC Asserts Control
CPUC Questioned Historic Oversight AuthorityJohn Burnes, Julie Richardson
Public Utilities Fortnightly
June 1, 2004
To guarantee the continued growth of liquefied natural gas (LNG) importation and use in the United States, the energy industry needs to pay close attention to govern the regulation, siting, and operation of LNG import terminals—issues traditionally overseen by the federal government. States may have a number of reasons for wanting to establish oversight authority over LNG import terminals, but these efforts, no matter how well intentioned, would have the impact of curtailing the development of LNG facilities at a time when the United States is in urgent need of new sources of natural gas.