Sidley Environmental Trends

Topics discussed this week include:

  • Federal agencies reopen comment on Obama administration auto fuel efficiency standards.
  • Environmental groups file legal challenges to TSCA rules.
  • Tenth Circuit vacates EPA denial of small-refinery renewable fuels exemption.
  • EPA begins revisions to power plant wastewater rules.
  • DC Circuit rules EPA’s hydrofluorocarbon rule exceeds statutory authority.

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Southeast Market Pipelines Project Certificate Vacated and Remanded to FERC for Further Environmental Review on Greenhouse Gas Emissions

In a 2-1 decision that issued today, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in Sierra Club et. al v. Federal Energy Regulatory Commission (Sierra Club) vacated and remanded a Natural Gas Act (NGA) Section 7 certificate of public convenience and necessity granted by the Federal Energy Regulatory Commission (FERC) to the Southeast Market Pipelines Project (Project) in 2016.  The Project comprises three natural gas pipelines currently under construction in Alabama, Georgia, and Florida that, once built, will transport over 1 billion cubic feet of natural gas per day over 500 miles to feed new and existing natural gas-fired electric plants in Florida and to serve the growing natural gas demand of Florida utility customers.  (more…)

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Energy Enforcement Update

This week’s enforcement update covers:

  • FERC and Smith file pleadings on Smith motion for judgment on the pleadings in Barclays case;
  • CFTC finds that the Bank of Tokyo-Mitsubishi UFJ, Ltd. engaged in spoofing of Treasury futures and Eurodollar futures – applauds cooperation of the bank;
  • Appeals court upholds spoofing conviction against Michael Coscia;
  • FERC quorum restored with two new Commissioners;
  • Senate unanimously confirms CFTC nominees;
  • CFTC orders trader to pay $650,000 civil penalty for spoofing;
  • Judge grants motions to dismiss New York ZEC lawsuit; and
  • Fifth Circuit denies TOTAL petition for rehearing en banc of declaratory judgment action against FERC.

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Sidley Shale and Hydraulic Fracturing Report

Vol. 6, No. 30

Topics discussed in this week’s Report include:

  • Industry seeks rehearing en banc of decision vacating 90-day stay of methane rule.
  • Senate confirmations will restore FERC quorum.
  • Assistant Attorney General for Environment and Natural Resources Division advances.
  • Landowners challenge FERC power of eminent domain.
  • UK authorizes first commercial shale gas well.

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Sidley Shale and Hydraulic Fracturing Report

Vol. 6, No. 29

Topics discussed in this week’s Report include:

  • BLM issues proposed rule that would rescind Obama-era regulation governing hydraulic fracturing on public lands.
  • West Virginia and Pennsylvania separately delay construction of two pipelines.
  • Massachusetts will study proposed Enbridge natural gas compressor station.
  • EIA predicts that U.S. crude oil production will set new record in 2018.

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