DC Circuit Guts PHMSA Reg re Shut-off Valves on Gathering Pipes
In November 2021, the Bidenistas initiated a massive power grab to transfer the right of individual states to regulate local natural gas gathering pipelines to the federal government’s Pipeline and Hazardous Materials Safety Administration (see Massive Power Grab Proposed by Biden DOT: Regulate Gathering Lines). The oil and gas industry asked Biden to pause the power grab by 3-5 years. In April 2022, the Bidenistas rejected that request, so the GPA Midstream Association (later joined by the American Petroleum Institute) sued the Dept. of Transportation and its PHMSA division to block the new regulations. PHMSA agreed to pause enforcement until May 2024 (see PHMSA Backs Down, Pauses New Gathering Pipe Reg After Getting Sued). However, the pause in enforcement didn’t stop the PHMSA from floating onerous new one-size-fits-all regulations on gathering pipelines. Yesterday, the U.S. Court of Appeals for the District of Columbia (DC Circuit) gutted the new PHMSA reg for gathering pipelines.
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