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Power & Pipes

FERC, CFTC, and State Energy Law Developments

National Energy Dominance Council: Key Takeaways from President Trump’s Latest Energy-Related Executive Order

By Kirstin E. Gibbs , Arjun Prasad Ramadevanahalli , Jane Accomando , and Erin McClelland
// March 03, 2025
President Donald Trump issued an executive order (EO) establishing the National Energy Dominance Council (Council) on February 14, 2025. The EO outlines the rationale for creating the Council, its members, and its primary functions.
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Topics: Department of Energy, Electric Generation, Energy, Government Relations, Natural Gas, Oil & Gas

Day 4 Dispatch from CERAWeek: Insights from Bill Gates and Closing Thoughts

By Felipe Alice
// March 22, 2024
CERAWeek
In our final dispatch from the CERAWeek conference by S&P Global, Felipe Alice shared some insights and key takeaways from a luncheon and dialogue session featuring tech entrepreneur, investor, and philanthropist Bill Gates.
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Topics: Carbon, Climate Change, Decarbonization, Department of Energy, Electric Generation, Electric Vehicles, Energy, Energy Transactions, Energy Transition, Licensing, Natural Gas, Nuclear Energy, Oil & Gas, Reliability, Solar, State Issues, Sustainability

Day 3 Dispatch from CERAWeek: A Trip to the Innovation Agora and Other Executive Conference Discussions

By Kirstin E. Gibbs
// March 21, 2024
CERAWeek
Our coverage of the CERAWeek conference by S&P Global in Houston, running from March 18 to March 22, continues with more updates. Today’s missive comes from the Innovation Agora, which is connected to the Executive Conference at CERAWeek. The Innovation Agora is described as a “vibrant and interactive marketplace of ideas on energy innovation and emerging technologies.” It includes several amphitheaters or “hubs” that are designed for presentations and conversations involving the latest trends in climate change, carbon, hydrogen, and emerging energy technologies.
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Topics: Carbon, Climate Change, Decarbonization, Department of Energy, Energy, Energy Transactions, Energy Transition, Licensing, Natural Gas, Oil & Gas, Reliability

Day 2 Dispatch from CERAWeek: Challenges Facing Energy Project Developers

By Kirstin E. Gibbs
// March 20, 2024
CERAWeek
We’re back with another update from CERAWeek 2024 by S&P Global to highlight some key takeaways from day two of the conference. Many of the sessions on this day were dedicated to infrastructure development and highlighted the opportunities and the challenges facing energy project developers.
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Topics: Carbon, Climate Change, Decarbonization, Department of Energy, Energy, Energy Transactions, Energy Transition, Licensing, Natural Gas, Oil & Gas, Reliability

Day 1 Dispatch from CERAWeek: Common Themes We’re Seeing in the Energy Industry

By Kirstin E. Gibbs and Felipe Alice
// March 19, 2024
CERAWeek
Yesterday marked the start of CERAWeek 2024 by S&P Global, and for the rest of this week Morgan Lewis partners Kirstin Gibbs and Felipe Alice will be reporting back on the key themes and ideas they are uncovering as the conference unfolds.
Topics: Carbon, Climate Change, Decarbonization, Department of Energy, Energy Transition, Hydrogen, Natural Gas, Renewable Energy, Security, Storage

CFTC’s 2022 Enforcement Results Confirm Continued Commitment to Robust Program

By Pamela T. Wu and Levi McAllister
// October 28, 2022
The Commodity Futures Trading Commission (CFTC or the Commission) released its enforcement results for fiscal year 2022 on October 20, 2022. The enforcement results detail the 82 enforcement actions the CFTC filed in 2022 and show that orders secured by the Commission imposed more than $2.5 billion in restitution, disgorgement, and civil monetary penalties, either through settlement or litigation.
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Topics: CFTC, Energy Transactions, Enforcement, Market Manipulation, Natural Gas, Oil & Gas

Senator Manchin Proposes to Streamline Energy Infrastructure Permitting and Give FERC Jurisdiction Over Hydrogen

By Kirstin E. Gibbs , Pamela T. Wu , and Patrick R. Pennella
// September 22, 2022
Following weeks of anticipation, US Senator Joe Manchin (D-WV) released the text of the Energy Independence and Security Act of 2022, his permitting reform legislation, on September 21, 2022. As part of an agreement to win Senator Manchin’s support of the Inflation Reduction Act, Democratic leadership committed to bringing energy infrastructure permitting reform to a vote this year, namely by including it in a continuing resolution (CR) to extend government funding before the end of the fiscal year on September 30.
Topics: Carbon, Climate Change, FERC, Hydrogen, Natural Gas

FERC Issues Show Cause Orders to Two Natural Gas Pipelines

By Kirstin E. Gibbs , Levi McAllister , Pamela T. Wu , and Patrick R. Pennella
// December 27, 2021
The Federal Energy Regulatory Commission issued show cause orders to two natural pipelines—Rover Pipeline and Midship Pipeline Company—following its December 2021 open meeting, and sent a related dispute involving Midship for an administrative hearing. Chairman Richard Glick has signaled in the last year his desire for a more active enforcement program.
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Topics: Enforcement, FERC, Natural Gas

Winter Storm Uri: FERC/NERC Report and Recommendations

By Kirstin E. Gibbs , J. Daniel Skees , and Patrick R. Pennella
// September 28, 2021

The US Federal Energy Regulatory Commission (FERC) and the North American Electric Reliability Corp. (NERC) jointly authored a report regarding the February 2021 power outages in Texas and the US Midwest caused by extreme cold weather. The report identifies the causes of the outages and outlines a series of recommendations focusing on enhanced protection against cold weather for critical generation as well as the natural gas assets supplying gas-fired generation so that this infrastructure remains operational even in extreme cold weather.

Read the full LawFlash >>

Topics: Electric Generation, FERC, Natural Gas, NERC, Reliability

FERC Notice of Inquiry on Policy Statement on Interstate Natural Gas Pipeline Proposals Draws Industry Comment

By Kirstin E. Gibbs and Pamela T. Wu
// June 21, 2021
Nearly 200 comments were filed in response to FERC’s February 18, 2021 Notice of Inquiry (NOI) that sought new information and perspectives on whether it should revise its policy statement on the certification of new interstate natural gas transportation facilities (Policy Statement). As we discussed in our February 19 LawFlash, FERC sought comments on several areas, including potential adjustments to its determination of need, the exercise of eminent domain and landowner interests, FERC’s considerations of environmental impacts, and its consideration of effects on environmental justice communities. Commenters provided a wide range of perspectives, which we discuss below.
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Topics: Environmental Justice, Natural Gas, Oil & Gas
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