The Impact of Recent Case Law on Energy Infrastructure Projects

Blank Rome-Hosted Live Webinar

Online via WebEx

Part of the Blank Rome Today’s Energy Industry Webinar Series 

With new court decisions that interpret environmental analyses required for Clean Water Act permitting as greenhouse gas emissions, energy developers should carefully review their impact on the complex regulation of infrastructure projects. At the same time, developers and others are grappling with several other recent proceedings which have raised questions about the Federal Energy Regulatory Commission’s practices and procedures regarding natural gas infrastructure.

In this insightful and informative webinar, a panel of Blank Rome’s environmental and energy attorneys will discuss:

  • Whether the U.S. Army Corps of Engineers’ Nationwide Permit 12 can still be used for energy infrastructure projects in the wake of these recent court decisions.
  • The latest on the ever-changing regulation of “waters of the United States” under the CWA.
  • An update on the scope of upstream and downstream greenhouse gas emissions analyses for energy infrastructure projects.
  • Climate Change Litigation Update: Recent developments over the battle for jurisdiction and venue.
  • The ramifications of FERC’s recent response to a D.C. Circuit ruling that questioned the agency’s power to consider contracts with foreign shippers serving foreign customers as evidence of market demand for a pipeline project.
  • How the D.C. Circuit’s imminent en banc ruling in Allegheny Defense Project v. FERC may impact FERC’s longstanding practice of issuing “tolling orders” that allow construction and the exercise of eminent domain while considering rehearing on pipeline projects.
  • The Supreme Court’s upcoming opinion regarding the Forest Service’s authority to grant pipeline rights-of-way across the Appalachian Trail.
  • Recent petitions asking FERC to declare authority over certain types of natural gas pipeline contracts in bankruptcy.



Please contact Mitchell Sterling.