Julia R. Richardson
Issue Alerts
U.S. District Court Upholds State Authority Under Coastal Zone Management Act to Block Siting of LNG Terminals
John Burnes, Janna ChesnoJune 26, 2007
The U.S. District Court for the District of Maryland upheld a Baltimore County Council zoning amendment prohibiting the siting of liquefied natural gas facilities in previously designated Chesapeake Bay “Critical Areas” in Baltimore County.
U.S. District Court Finds Local Zoning Law Preempted by FERC’s Exclusive LNG Terminal Siting Authority under the Natural Gas Act
John Burnes, Julie RichardsonJanuary 26, 2007
The U.S. District Court for the District of Maryland determined that a zoning law promulgated by the Baltimore County Council to regulate the siting of an LNG import terminal was preempted under the Supremacy Clause of the U.S. Constitution by the Natural Gas Act, as amended by the Energy Policy Act of 2005 (EPAct 2005), which gave the Federal Energy Regulatory Commission “exclusive authority” over the siting construction, expansion and operation of liquefied natural gas (LNG) import terminals. (AES Sparrows Point LNG, LLC v. Smith, et al., CA No. RDB-06-2478).
FERC Issues Final Rule Expanding Scope of Blanket Certificate Authority
Bob Christin, Julie RichardsonVan Ness Feldman Issue Alert
October 26, 2006
On October 19th, the Federal Energy Regulatory Commission issued a final rule expanding the scope of activities authorized under its blanket certificate regulations by increasing the types of facilities that are eligible for blanket authority and raising the project cost limits for activities authorized under the blanket authority. The rule also affirms that natural gas pipelines’ incentive rate discounts to foundation shippers are generally not unduly discriminatory, expands notice requirements to landowners, and imposes new environmental compliance conditions.
FERC Issues Rules Implementing Energy Policy Act of 2005
John Burnes, Julie RichardsonVan Ness Feldman Issue Alert
October 23, 2006
The Federal Energy Regulatory Commission (FERC) has issued a final rule that implements provisions of the Energy Policy Act of 2005 giving FERC the authority to set a schedule for other federal and state agencies to process natural gas pipeline, liquefied natural gas, and storage projects and to maintain a consolidated record of all agency decisions for use in appeals, including judicial review.
FERC Issues Policy Statement on Natural Gas Quality & Interchangeability and Rejects Claim that LNG Caused Leaks
Julie RichardsonVan Ness Feldman Issue Alert
June 19, 2006
The Federal Energy Regulatory Commission (Commission) issued a policy statement on natural gas quality and interchangeability. Rejecting a call to set nationwide standards, the Commission adopted a case-by-case approach in which gas quality and interchangeability issues will be resolved primarily among individual pipelines and their respective customers, which include shippers, local distribution companies, LNG terminal operators, and producers.
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.