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Both the Senate and the House now have bills in varying stages of review for reauthorization of the Pipeline Safety Act, which expires at the end of September.  There are some notable differences in the bills, reflecting the Democratic majority in the House and the Republican majority in the Senate.  Neither bill has been put before the entire chamber for a vote.  If they do progress further, it remains to be seen how the bills will ultimately be reconciled.
Continue Reading Pipeline Safety Act Reauthorization: Issues for Resolution

In an attempt to garner support from House Republicans following last week’s release of draft legislation to reauthorize the Pipeline Safety Act (PSA), Democrats on the House Energy and Commerce Committee released a more bipartisan version, The Safer Pipelines Act of 2019, H.R. 3432. The revised bill was subsequently approved by a House Energy and Commerce subcommittee and heads to the full committee for consideration and mark-up. At a minimum, it appears that legislators in the House are working towards issuing a bill prior to the August recess and reauthorization deadline of September 30, 2019. The revisions to the House pipeline safety seem designed to make a more palatable bill for the Senate as it contains some significant proposed changes from the prior discussion draft that was the subject of a contentious hearing in the House.
Continue Reading House Democrats Seek Bipartisan Support with Revised Pipeline Safety Bill

As the Pipeline Safety Act (PSA) reauthorization deadline approaches, the Democrats on the House Energy and Commerce Committee recently released draft discussion legislation titled, The Safer Pipelines Act of 2019.  The “discussion draft” was released in advance of a Committee hearing held on June 19, 2019.  At the hearing, it became clear that the recent legislation was drafted behind closed doors and that it was not well received by the minority Republicans on the Committee or industry representatives.

With this most recent draft legislation, several noteworthy legislative changes are likely to be considered by the Committee, although two Committee Republicans questioned whether marking up the draft was worth the effort.  Notably, PHMSA declined to participate in the hearing because it did not have sufficient time to review the draft.  Industry trade group representatives provided testimony as well as a representative from the Pipeline Safety Trust.  The more significant proposals are summarized below and relate to:  (1) lowering the criminal liability standard; (2) expanding the definition of regulated gathering pipelines; (3) clarifying and expanding citizen suits; (4) substantially increasing the amount of operator information made available to local responders and to the public; and (5) other integrity management requirements regarding phasing out direct assessment and requiring automatic shut off valves for liquid pipelines. 
Continue Reading Pipeline Safety Draft Legislation Adds New Proposals to Reauthorization Debate

On September 7, 2018, a jury in a California state court found Plains All American Pipeline guilty on 9 criminal counts, stemming from a release of 140,000 gallons of crude oil from a Plains pipeline near Santa Barbara in 2015. Media across America reported on the criminal verdict in the Plains case, and certain commenters predict that the verdict could further energize pipeline opposition groups around the country. The case may be viewed best, however, as somewhat of an anomaly: a broadside of state legal requirements brought after an oil spill to a sensitive environment in California.
Continue Reading Industry Impact from Criminal Verdict in Pipeline Oil Spill

Oil and gas provides nearly two thirds of all energy used in the United States, which is primarily transported by pipelines.  The United States currently has roughly 2.8 million miles of pipelines.  Most of this infrastructure is buried, but aboveground components exist along pipeline routes, including pump stations and valve stations and compressor stations as well as other aboveground equipment and facilities.  Historically, incidents of pipeline sabotage have been rare but in just the past year, they have increased in response to high profile pipeline construction projects.  These attacks are well coordinated and appear to be well funded.  Impacts could be catastrophic to public safety, the environment, and reliability of energy infrastructure in the United States.  The federal government has expressly designated oil and gas pipelines as critical energy infrastructure for increased protection and current law provides for significant penalties and imprisonment for those who attempt to damage these facilities. 
Continue Reading Protecting Critical Energy Infrastructure from Pipeline Sabotage