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Repercussions following the demise of the Chevron Doctrine are beginning to be realized, including in the solar industry. Effects on the Federal Energy Regulatory Commission are expected to be limited, but commissioners disagree on whether FERC’s recent transmission planning and cost allocation rule is now vulnerable to legal challenges. Last week's Supreme Court decisions in Loper Bright and Corner Post may also bring new hurdles to large-scale interregional transmission development. The period for litigating new projects is significantly extended, which adds new uncertainty to transmission projects reaching commercial service (and profitability). We'll be keeping a close eye on how this new legal guidance affects new and ongoing solar projects. Follow #KinectSolar to stay updated on the #USSolar market and #SolarPolicy.

Our 2024 Planning and Strategy Meeting is upon us! If you haven't registered yet - it's not too late! Join us and our members to hear from exciting panelists, like Sean Marotta of Hogan Lovells as he discusses "Cases in the Courts: Impact on the Permitting, Certification, and Operation of Gas Pipelines." We look forward to gathering with our members and sharing valuable insights into the future of natural gas.

Be aware of fees that could cost you thousands. In this episode of #MattChatts, Zac Schroeder of Service First Processing and Electric & Gas Industries Association (EGIA) faculty member Drew Cameron discuss the perils of commercial fees. Watch the full episode now: https://okt.to/txyu4M #Financing #AlternativeFinancing #ContractorFinancing

In the high-stakes world of offshore energy contracts, meticulous planning and precise execution are non-negotiable. One aspect that deserves special attention is the often-overlooked but critical process of drafting and implementing detailed variation orders. Partner and Head of our Energy Services team, Calum Crighton, explains why it's important to have a robust variation order process: https://ow.ly/fBQ750QoHiH

Today, the Legal Center urged the full D.C. Circuit to rehear a flawed panel decision vacating FERC's authorization to expand an interstate natural gas pipeline. The panel's “market need” analysis--which focused on one state's energy policies—threatens to override national energy policy decisions that Congress assigned to FERC alone. Check out coverage of the case here: https://lnkd.in/eWj-QfHY

Seeking guidance on the effect of BlueStone Natural Resources II, LLC v. Randle, 620 S.W.3d 380 (Tex. 2021), the Fifth Circuit in Case No. 24-0036, Carl v. Hilcorp Energy Co., certified the following 2 questions to the Texas Supreme Court: "(1) After Randle, can a market-value-at-the well lease containing an off-lease-use-of-gas clause and free-on-lease-use clause be interpreted to allow for the deduction of gas used off lease in the post-production process? (2) If such gas can be deducted, does the deduction influence the value per unit of gas, the units of gas on which royalties must be paid, or both?" Oral argument in this case is set for tomorrow, Tuesday, March 19, 2024 on the 9:00 am docket. Watch live here: https://lnkd.in/gdJTNenQ

Hogan Lovells Partners Megan Ridley-Kaye and Niki Roberts authored a comprehensive examination of the legal developments in RNG and how they intersect with the rapidly growing private sector interest in RNG. This article, published in the Texas Journal of Oil, Gas, and Energy Law, explores the background and benefits of RNG, describes relevant legislation and regulation, and summarizes recent private sector investment in RNG. You can access the full article here: https://rebrand.ly/5vf5vg1 #renewablenaturalgas #rng #energytransition

GAM supports affordable, reliable energy for manufacturers. In this article VP / General Counsel Charles ("Clay") Jones explains why GAM joined in petitioning Congress for natural gas permitting reform: https://lnkd.in/gV_4SBPT #TogetherWeMake

Energy Transfer embraces markets and vigorous competition, but this also means respecting property rights and playing by the rules. Learn more in these excerpts from Joshua Campbell's article on Law360: "Followers of the oil and gas industry may have seen a recent spate of news about pipeline quarrels in Louisiana. . . In recent court filings, one company with pipelines already in the region — Energy Transfer LP — maintains that other companies should secure permission before crossing its pipelines. Two Louisiana district court judges have already ruled in its favor, finding that Energy Transfer acted in good faith in defending its property rights. Other companies, such as Williams Partners LP and Momentum Midstream LLC, have pushed back on Energy Transfer. According to them, Energy Transfer's requests will create a bottleneck, prevent pipeline development needed to transport the Haynesville's natural gas to the Gulf Coast, and ultimately stifle production in the Haynesville Shale. But a review of facts suggests this is much ado about nothing. . . It is unsurprising that Energy Transfer has required that other pipelines obtain its permission before crossing its pipes — just as landowners insist on pipelines securing their permission before crossing their lands. Before allowing these crossings, Energy Transfer seeks to evaluate (1) the operational and safety risks of the proposed crossings, (2) the effects of the proposed crossings on its own pipeline development, and (3) whether the crossing pipelines comply with regulations. When Energy Transfer can reach reasonable arrangements for crossings, it has done so. But when this does not happen, other pipeline companies are free to reroute their projects, or seek eminent domain for crossings and pay fair market value — just as they do for landowners who refuse requests to cross their lands.  . . . For example, to avoid regulatory oversight, Momentum has styled its planned New Gas Gathering pipeline as a "gathering line," rather than a "transmission line," even though it plans a large-diameter 42-inch high-pressure pipeline that will traverse half of Louisiana. Gathering lines typically receive less regulatory oversight than transmission lines. Ironically, that lack of regulatory oversight makes it harder for these parties to invoke eminent domain if they believe Energy Transfer is unreasonably withholding permission to cross — but the rush to prospect is apparently worth plowing ahead anyway. In doing so, these entrants want to do in just a few months what established pipeline operators like Energy Transfer have taken years to carefully build. Indeed, Energy Transfer is no stranger to the frustrations of regulatory delays incurred with permitting at the state or federal levels." https://lnkd.in/g4zvzfG8

Hogan Lovells Partners Megan Ridley-Kaye and Niki Roberts authored a comprehensive examination of the legal developments in RNG and how they intersect with the rapidly growing private sector interest in RNG. This article, published in the Texas Journal of Oil, Gas, and Energy Law, explores the background and benefits of RNG, describes relevant legislation and regulation, and summarizes recent private sector investment in RNG. You can access the full article here: https://rebrand.ly/5vf5vg1 #renewablenaturalgas #rng #energytransition