(AMLO) and his Morena party will face greater hurdles to unwinding Mexico’s 2013 Energy Reforms adopted by the former ruling party, the Partido Revolucionario Institucional (PRI). Although retaining a majority in the Chamber of Deputies and gaining some new state governors, Morena lost its supermajority and, as a result, very likely also lost the opportunity
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Supreme Court Holds that Natural Gas Act Delegates Eminent Domain Power, Allowing FERC Certificate-Holders to Condemn State-Owned Property
On June 29, in PennEast Pipeline Co., LLC v. New Jersey et al., No. 19-1039, the Supreme Court rejected New Jersey’s sovereign immunity arguments and held that Section 717f(h) of the Natural Gas Act (NGA) authorizes Federal Energy Regulatory Commission (FERC) certificate-holders to condemn all necessary rights-of-way to construct pipelines, whether owned by private…
New York Proposes Regional Greenhouse Gas Changes
On May 30, 2020, for the first time in nine years, a manned spacecraft launched from American soil and ultimately docked at the International Space Station, just under a day later. This launch, which marks a significant step in the development of reusable rocket technology, will undoubtedly inspire a new generation of astronauts, astrophysicists, engineers,…
Insurance Mitigates Cyber-Related Risk
In today’s interconnected society, cyber breaches are inevitable. As the saying goes, it is not a matter of if, but when, an organization will be breached. This is particularly true for businesses in the energy sector, which is one of the most frequently targeted industries for cyber attacks. From producers to pipelines and refineries, energy…
Legislators Request Action on Pipeline Infrastructure Attacks, and DOJ Responds
After a string of highly publicized attacks on energy pipelines in different areas of the country, several Congressmen addressed a letter to US Attorney General Jeff Sessions last month, asking that the United States Department of Justice (DOJ) respond to several questions concerning the ability and intent of the DOJ to investigate and prosecute criminal…
Federal Judge Declines to Shut Down Dakota Access Pipeline While Corps Corrects Errors in Environmental Review
Once large infrastructure projects, such as oil and natural gas pipelines, receive federal government approval, they are often the target of legal challenges from opposition groups. Opponents repeatedly argue that the environmental review, pursuant to the National Environmental Policy Act (NEPA), was insufficient. If a court finds deficiencies in the government’s NEPA analysis, can a…
Pipeline Safety Management Systems Standard (ANSI/API RP 1173) is Released
The American Petroleum Institute (API) announced today the release of a new pipeline safety management system standard, ANSI/API Recommended Practice 1173.…
DOT Inspector General Announces Audit of PHMSA
The U.S. Department of Transportation (DOT) Office of Inspector General (OIG) will commence an audit this month of PHMSA’s pipeline and hazardous materials safety programs to assess the Agency’s performance, with particular emphasis on its progress and process for implementing congressional mandates and recommendations from NTSB, GAO, and OIG, dating back to 2005.…
States Increasingly Active in Oil Spill Response and Pipeline Safety
In response to recent oil spills by rail and pipeline as well as a report by DOT’s Office of Inspector General criticizing PHMSA oversight of state pipeline safety programs, states are becoming increasingly active in oil spill response and oil transportation safety. Under the Oil Pollution Act of 1990 (OPA), state spill response regulations may…
Safety Management System Consensus Standard Public Workshop Announced
PHMSA recently announced a one day public workshop to discuss the development of a safety management system (SMS) national consensus standard for the pipeline industry. In the NTSB’s Investigation of the Marshall, Michigan incident, the agency stated that Enbridge’s centralized safety management system was deficient…