Steptoe is one of the nation's leading firms in the field of pipeline regulation, representing some of the largest oil and natural gas pipeline systems in the United States and Canada. We are regularly called upon to advise pipeline operators regarding regulation by the Federal Energy Regulatory Commission (FERC) and other agencies and have handled a number of ground-breaking proceedings in this highly technical area of law. Hailed by Chambers USA as "offering clients top-level regulatory advice on both oil and gas" issues, the firm has received the publication's "Award for Excellence" in the category of Energy: Oil & Gas, and is consistently ranked in "Band 1" for the category in both Chambers USA and Chambers Global.
Our team includes partners, counsel, and associates who focus their efforts on complex regulatory matters, as well as matters related to pipeline transactions, project development, pipeline safety and accident response (e.g., National Transportation Safety Board investigations), and FERC enforcement issues. We also counsel clients in the specialized area of Presidential Permits for cross-border pipelines and other pipeline permitting matters.
Noteworthy
- Chambers USA, Band 1, Energy: Oil & Gas, Nationwide (2008-2024)
- Chambers Global, Energy: Oil & Gas, US (2009-2025)
- Legal 500 US, Energy: Regulatory: Oil & Gas (2012-2024)
- Legal 500 US, Energy Litigation: Oil & Gas (2012-2024)
Steptoe is recognized as the industry leader in the field of oil pipeline regulation, and Chambers USA has cited the firm's "dominance in the oil pipeline area." We provide pipeline counsel in connection with challenges to cost-of-service rates and market-based rates. We also represent and provide counsel to a wide variety of crude oil, refined products, and natural gas liquids pipelines on questions of jurisdiction, terms of service, and standards of conduct.
Steptoe's wide-ranging experience with natural gas transactions and litigation includes:
- Advising on the federal approval process for natural gas pipeline projects
- Advising natural gas pipelines on a broad range of cost-of-service ratemaking issues, including income tax allowance and rate of return issues, and representing them in contested FERC rate cases
- Assisting companies with FERC standards of conduct compliance
- Representing pipelines in connection with major pipeline incidents
- Representing pipeline companies in FERC rulemaking proceedings
We have handled a broad array of regulatory litigation before FERC and various state regulatory agencies, as well as appeals and other litigation in federal and state courts nationwide, including the US Supreme Court. In addition to standard litigation procedures, we also represent clients in alternative dispute resolution (ADR) proceedings and in negotiating and implementing complex regulatory settlements – including securing approval from federal and state regulators for such settlements and defending them in court.
Pipeline transactions present unique, complex challenges that frequently require a broad array of legal specialties. We provide counsel on mergers, acquisitions, and joint ventures; help negotiate contracts between pipelines and shippers; and create innovative rate structures and tariff approaches.
Our extensive regulatory experience translates into an ability to help clients structure complex transactions to good advantage, including:
- Sales and purchases of pipeline assets
- Joint ventures
- Pipeline leases
- Throughput agreements
- Joint tariff agreements
- Other arrangements specific to the pipeline industry
In addition to commercial and contractual issues, we also counsel domestic pipeline clients related to economic and access regulation by FERC and state agencies, antitrust review by the Federal Trade Commission (FTC), and tax issues specifically applicable to the various forms of pipeline entities. International pipeline transactions raise a host of additional issues, making the breadth of experience and depth of knowledge possessed by our attorneys an even greater asset.
In addition, we have substantial experience with operational issues affecting pipelines such as pipeline safety and right-of-way.
Our integrated lawyer team has direct experience in every important discipline and works together to efficiently guide our clients through the most complex and challenging pipeline transaction. This comprehensive approach allows our clients to spend less time managing multiple outside law firms, and more time focused on the business issues that drive the transaction.
Our pipeline lawyers are regularly called upon to advise companies with respect to questions of jurisdiction under the Interstate Commerce Act (ICA) and the Natural Gas Act (NGA), compliance with the non-discrimination and other provisions of the ICA and NGA, interpretation and application of FERC regulations, rate issues, tariff filing issues, pipeline safety issues, and a multitude of other questions related to the management and operation of oil and gas pipelines.
We also frequently counsel clients on pipeline regulatory issues in connection with various proposed transactions, including mergers and acquisitions of regulated pipelines, pipeline capacity leases, throughput and deficiency agreements, joint tariff agreements, and pipeline open seasons.
Steptoe's lawyers have extensive experience assisting clients with the strategic development of pipeline projects, including a full-range of land use, permitting, and environmental review issues. Our goal is to reduce the potential for project delay, and to ensure that agency decisions will be defensible if challenged. We advise clients with respect to permitting before a wide range of federal agencies, including the FERC, US Department of State, US Army Corps of Engineers, Bureau of Indian Affairs, US Forest Service, and the Bureau of Land Management. We advise interstate natural gas pipeline companies regarding the FERC certificate process. Our lawyers also represent pipeline companies throughout the environmental review process, including strategies to streamline NEPA and related reviews, including Endangered Species Act and National Historic Preservation Act consultations. Our experience also extends to assisting clients with consultations with Native American tribes, including obtaining rights-of-way across tribal lands.
Steptoe's multidisciplinary pipeline accident team has extensive experience advising clients with respect to crude oil and hazardous liquid releases from pipelines as well as natural gas pipeline and utility explosions. Our team consists of regulatory, enforcement, litigation, and environmental lawyers who have in-depth knowledge of the entire pipeline incident process – from the first critical days of NTSB investigation, cleanup, and compliance with administrative orders issued by the US Environmental Protection Agency (EPA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA), to the negotiation and execution of a consent decree with the US Department of Justice (DOJ) to resolve natural resource damages as well as civil and criminal liability under the Clean Water Act (CWA). The ramifications from a pipeline accident can be dire and costly. Our lawyers’ goal is to manage that risk and minimize liability exposure for our pipeline clients. Our team has handled more than 35 NTSB investigations of which nine were pipeline accidents.
Our energy enforcement and investigations practice advises clients on potential violations of applicable law and defends clients that are the subject of FERC audits and enforcement actions. Our clients include all market participants, including traditional utilities, energy companies, pipelines, commodity traders, hedge funds and financial institutions, as well as their executives, traders, and compliance staff. We also assist clients with internal investigation and compliance audits, and provide extensive counseling related to maintaining compliant and up-to-date internal regulatory compliance programs.
We have extensive knowledge of the specific legal issues facing offshore pipelines, having served as lead counsel in FERC litigation regarding rates for a deepwater pipeline in the Gulf of Mexico and have been at the forefront of litigation regarding the extent of FERC jurisdiction over pipelines on the Outer Continental Shelf (OCS).
Beyond the US borders, the pipeline team is frequently called upon for representation and advice regarding projects and issues around the world. Since 2009, the practice has been consistently ranked highly in Chambers Global in the category of Energy: Oil & Gas (US).
Representative Matters
Steptoe represents pipelines before the Federal Energy Regulatory Commission (FERC), state regulatory agencies, and federal and state courts. The following is a list of representative recent matters:
FERC Rates
- Colonial Pipeline Company, Docket No. OR18-7. Representing major refined products pipeline against a broad challenge to its rates across its system.
- Enbridge Energy, Limited Partnership, Docket No. IS21-352: Represented North America's largest crude oil pipeline in its first general cost-of-service rate increase in thirty years, successfully obtaining FERC approval of a long-term settlement agreement.
- Northern Natural Gas Company, Docket No. RP19-59. Defended the nation’s largest natural gas pipeline in section 5 investigation of its existing rates and a section 4 rate increase.
- Seaway Crude Pipeline Company, LLC, Docket No. OR15-6. Represented the pipeline in a multi-year proceeding that went to hearing at FERC, and successfully obtained approval of an application for market-based ratemaking authority for crude oil transportation from Cushing, Oklahoma to the US Gulf Coast.
- Trans Alaska Pipeline System, Docket No. IS11-306, et al. Defended ConocoPhillips Transportation Alaska, Inc. (one of the owners of the Trans Alaska Pipeline System) in a cost-of-service challenge to its 2009-2015 rates; we represented the carrier through all phases of the FERC and DC Circuit proceedings, ultimately obtaining a favorable settlement that resolved all pending rate matters and established a mechanism to calculate rates going forward.
FERC Jurisdiction and Pipeline Practices
- Sunoco Pipeline, L.P., Docket No. OR15-25. Defended the pipeline against a complaint filed by a shipper challenging throughput and deficiency agreements the pipeline had entered into with other shippers. We guided the pipeline through an innovative settlement reached prior to issuance of a Commission decision.
- Enterprise TE Products Pipeline Company LLC, Docket Nos. OR13-25 and OR13-26. Defended the pipeline against complaints regarding cancellation of jet fuel and distillate movements; obtained a FERC ruling that it lacks authority to prohibit pipeline abandonment of transportation service for individual products and successfully defended FERC's decision at the DC Circuit; helped settle certain related contract damages claims.
- Colonial Pipeline Company, Docket No. IS17-522. Obtained dismissal of a challenge to certain biodiesel blending activities on the ground that the blending activities were not subject to the Commission's jurisdiction.
Industry Advocacy
- Association of Oil Pipe Lines, Docket Nos. RM20-14 RM15-20, and RM10-25. Represented the oil pipeline trade association ("AOPL") in connection with FERC's five-year review of the inflation-based index for oil pipelines for the past three review periods (years 2011-2026).
- Association of Oil Pipe Lines, Docket No. PL07-2. Represented AOPL in connection with FERC’s review of its policies regarding calculation of the rate of return on equity and income tax allowance for master limited partnership pipelines and helped obtain a generally favorable result.
- Upstate Forever and Savannah Riverkeeper v. Kinder Morgan Energy Partners L.P. and Plantation Pipe Line Company, Inc., No. 17-1640 (4th Cir. Sept. 8, 2017). Represented trade groups as amici in lawsuit involving a challenge to pipeline company’s compliance with the Clean Water Act for existing pipeline; amici briefs filed at district court and appellate levels.
- Standing Rock Sioux Tribe, et al., v. US Army Corps of Engineers, et al., 1:16-cv-01534 (JEB) ECF No. 259-1 (D.D.C., filed July 17, 2017). Represented trade groups as amici in lawsuit involving tribal groups’ challenge to the US Corp of Engineers’ compliance with NEPA, the NHPA, and other laws for approval required for Dakota Access pipeline.
- National Wildlife Federation v. Secretary of the US Department of Transportation, 2:15-cv-13535 (MAG-RSW) ECF No. 53 (E.D. Mich., filed July 6, 2017). Represented the American Petroleum Institute and the Association of Oil Pipe Lines as amici in lawsuit involving a challenge to agency's compliance with the Clean Water Act in approving emergency response plans for liquids pipelines.
- Portland Pipe Line Corporation v. City of South Portland, Maine, Civil Action No. 2:15-cv-00054-JAW (D. Me., Jan. 11, 2017). Represented trade associations as amici in lawsuit involving challenge to city’s ordinance banning the off-loading of crude oil onto barges in the South Portland harbor.
Pipeline Permitting
- Sierra Club v. US Forest Service, 828 F.3d 402 (6th Cir. 2016). Successfully represented pipeline company as an intervenor in challenge to US Forest Service's compliance with NEPA and the ESA in renewing permit to allow pipeline to continue to cross forest lands).
- Sierra Club v. US Army Corps of Engineers, et al., 803 F.3d 31 (DC Cir. 2015). Earned favorable ruling for intervenor pipeline company in a NEPA and CWA-based challenge to multiple federal agency permits for a domestic oil pipeline;
- NWF v. Department of Transportation, et al., 2:17-cv-10031 (MAG) (E.D. Mich., complaint filed Jan. 5, 2017). Represent intervenor pipeline company in challenge to emergency response plans for company's underwater pipeline.
- White Earth, et al. v. US Department of State, et al., 14-cv-4726, 2015 WL 8483278 (D. Minn. Dec. 9, 2015). Obtained summary judgment decision in favor of intervenor pipeline company in challenges to the US Department of State’s compliance with NEPA concerning cross-border pipelines.
Matters Before State Regulatory Agencies
- Trans Alaska Pipeline System, Docket No. P-08-9. Defended the pipeline against challenges to its 2008-2014 intrastate rates before the Regulatory Commission of Alaska, ultimately obtaining a favorable settlement that resolved all pending rate matters through mid-2019.
- Alpine Transportation Company, Docket No. P-00-15. Defended the pipeline against a cost-of-service challenge to its initial rate filing and helped obtain Regulatory Commission of Alaska approval for a long-term settlement agreement that resolved that proceeding and continues to govern the pipeline’s intrastate rates.
Open Seasons and Petitions for Declaratory Orders
Steptoe represents pipeline carriers in all aspects of FERC open seasons, including drafting and negotiating transportation services agreements and dedication agreements, developing or adapting tariffs to provide for committed volumes and other applicable open season terms, drafting the terms and conditions for the open season and drafting petitions for declaratory order. The following is a list of representative projects where we obtained declaratory orders from the FERC (pending matters and transactions for which we did not seek declaratory orders are not included). In most of these projects, we represented the client in all aspects of the open season.
- Western Refining Conan Gathering LLC, Docket No. OR17-15. Obtained FERC approval of a petition for declaratory order regarding Western’s Conan Project involving a crude oil pipeline in New Mexico and Texas.
- Wolverine Pipe Line Company, Docket No. OR 15-33. Obtained FERC approval of a petition for declaratory order regarding existing and expansion capacity of a refined petroleum products pipeline.
- Phillips 66 Carrier LLC, Docket No. OR15-29. Obtained FERC approval of a petition for declaratory order regarding a proposed expansion of a refined petroleum products pipeline.
- Kinder Morgan Cochin LLC, Docket No. OR15-28. Obtained FERC approval of a petition for declaratory order for Kinder Morgan’s Utopia East project involving natural gas liquids transportation from the Utica shale region.
- Sunoco Pipeline L.P., Docket No. OR15-18. Obtained FERC approval of a petition for declaratory order for Sunoco’s Delaware Basin Extension Project involving a proposed crude oil pipeline in New Mexico and Texas.
Panola Pipeline Company LLC, Docket No. OR15-14. Obtained FERC approval of a petition for declaratory order for an expansion of Enterprise’s Panola Pipeline in Texas.
News & Publications
Client Alerts
Executive Orders Target Regulatory Reduction: Effects on FERC-Regulated Energy Sector
April 28, 2025
By: Daniel A. Mullen, Karen Bruni, William M. Keyser, Jonathan Wright, Alex Kaung Myat Ahkar
White Paper
Navigating the Regulatory Landscape for Hydrogen Transportation in Texas
October 28, 2024
By: Michelle Castaline, Thomas Donadio, Lorrie M. Marcil, Daniel A. Mullen
Press Releases
Steptoe Publishes White Paper Analyzing Hydrogen Pipeline Regulation
October 28, 2024
Client Alerts
Supreme Court Pulls Plug on Chevron, Creating Uncertainty for Energy Industry
July 3, 2024
Client Alerts
Filed Rate Doctrine Precludes Auction Rule Change, Third Circuit Tells FERC
March 19, 2024
Media Mentions
February 16, 2024
Events
Webinars
How Will the 2017 Tax Act Affect FERC-Regulated Oil Pipeline Rates?
January 23, 2018
Speakers: Aaron P. Nocjar, Daniel J. Poynor, Steven Reed
Webinars
Pipeline Accidents: Are You Prepared?
September 26, 2017
Speakers: Joshua Runyan, Steven Reed
Webinars
Pipeline Accidents: Are You Prepared?
April 5, 2017
Speakers: Jennifer Quinn-Barabanov, Robert L. Shuftan, Steven Reed
Webinars
Pipeline Accidents: Are You Prepared?
January 12, 2017
Speaker: Joshua Runyan
Webinars
Pipeline Accidents: Are You Prepared?
December 1, 2016
Speakers: Joshua Runyan, Steven Reed