On July 30, 2024, the D.C. Circuit Court of Appeals in New Jersey Conservation Foundation, et al. v. FERC vacated FERC’s order approving Transcontinental Gas Pipe Line Company (Transco)’s Regional
Continue Reading DC Circuit Remands and Vacates FERC’s Order Approving the Transco ProjectHoward L. Nelson
Howard L. Nelson has more than 30 years of regulatory and litigation experience, the majority of which has been related to energy matters before the Federal Energy Regulatory Commission (FERC), state public utility commissions, and the Court of Appeals. His litigation experience includes representing parties in major interstate natural gas and petroleum pipeline hearings involving complex multiparty major rate cases, and in certificate, LNG licensing, restructuring, tariff, fuel, gas quality, merger, and interconnection proceedings. He also advises clients on virtually all aspects of natural gas, including LNG, and oil pipeline regulation, including project development, the design of transportation and storage services and rates, negotiating and drafting contracts, strategic planning, and ensuring compliance with regulatory requirements.
Howard has also assisted clients with due diligence investigations concerning acquisitions and financings of electric, solar and wind assets. Finally, Howard has briefed and argued several cases at the D.C. Circuit and 4th U.S. Circuit Court of Appeals.
Recent NEPA Cases May Create Uncertainty for LNG Project Sponsors
Two recent cases, Food & Water Watch et al. v. FERC, decided June 14, 2024, and Healthy Gulf et al. v. FERC, decided July 16, 2024, illustrate both…
Continue Reading Recent NEPA Cases May Create Uncertainty for LNG Project SponsorsFERC Clarifies and Reaffirms ADIT Rules
The Federal Energy Regulatory Commission (FERC) issued Order 864-A on Public Utility Transmission Rate Changes to Address Accumulated Deferred Income Taxes (ADIT). Order No. 864-A addresses requests for clarification and…
Continue Reading FERC Clarifies and Reaffirms ADIT Rules
Trump Administration Proposes Significant Streamlining of National Environmental Policy Act
On Jan. 9, 2020, the Trump administration’s Council on Environmental Quality (CEQ) proposed rules that would update comprehensively the regulations promulgated under the National Environmental Policy Act (NEPA) for the…
Continue Reading Trump Administration Proposes Significant Streamlining of National Environmental Policy Act
LNG Export: DOE Authorizes a New Business Model Under Its Small-Scale Export Rule
On Nov. 8, 2019, the Office of Fossil Energy (FE) of the Department of Energy (DOE) issued DOE/FE Order Nos. 4461 and 4462 (the Orders) authorizing GT client SpotX Energy,
…
Continue Reading LNG Export: DOE Authorizes a New Business Model Under Its Small-Scale Export Rule
Office of Fossil Energy of the Department of Energy Issues Notice of Proposed Rulemaking That Will Automatically Authorize Certain Applications To Export Small Volumes of Natural Gas
On Sept. 1, the Office of Fossil Energy of the Department of Energy (DOE/FE) issued a notice inviting public comment on a proposal which, if adopted, will authorize automatically applications…
Continue Reading Office of Fossil Energy of the Department of Energy Issues Notice of Proposed Rulemaking That Will Automatically Authorize Certain Applications To Export Small Volumes of Natural Gas
The Death of Public Citizen in Pipeline NEPA Analyses: Was it Ever Alive?
Last week we examined the Sierra Club v. Federal Energy Regulatory Commission decision from the D.C. Circuit holding that natural gas pipeline NEPA review must consider greenhouse gas emissions impacts…
Continue Reading The Death of Public Citizen in Pipeline NEPA Analyses: Was it Ever Alive?
CEQ Issues Measured Final Guidance for Federal Agencies in their Consideration of GHG Emissions in NEPA Reviews
On Aug. 1, 2016, the Council on Environmental Quality (CEQ) issued its Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate…
Continue Reading CEQ Issues Measured Final Guidance for Federal Agencies in their Consideration of GHG Emissions in NEPA Reviews
Does FERC’s Denial of Authority to Construct Jordan Cove Signal a More Rigorous Test for Future LNG Projects?
On March 11, 2016, the Federal Energy Regulatory Commission (FERC) denied an application by Jordan Cove Energy Project, L.P. (Jordan Cove) for authority under Section 3 of the Natural Gas…
Continue Reading Does FERC’s Denial of Authority to Construct Jordan Cove Signal a More Rigorous Test for Future LNG Projects?
FERC Clarifies Prohibition on Buy/Sell Arrangements
At the request of Rice Energy Marketing LLC, the Federal Energy Regulatory Commission (FERC), on Oct. 15, 2015, issued a Declaratory Order that clarified the extent to which releases of…
Continue Reading FERC Clarifies Prohibition on Buy/Sell Arrangements