gathering function? If transmission, is it intrastate or interstate? Is your liquids pipeline providing service in interstate commerce? Is the product transported by your pipeline regulated by a particular agency? Because the answers to these and other questions are highly fact-dependent, we evaluate the projects in detail and help clients structure them to conform to jurisdictional precedent. Often our work includes obtaining agency agreement, whether formal or informal, with the applicable jurisdictional conclusion.
7. Enforcement Actions and Regulatory Compliance
In the regulated oil and gas transportation and trading spaces, investigations and enforcement actions, with their attendant regulatory risks, are sometimes unavoidable. As we have for many years, in 2024 we advised numerous clients on compliance with FERC and CFTC requirements, and represented industry participants in confidential, non-public agency investigations and complex enforcement actions.
8. Pipeline Safety Whistleblower Claims
Our pipeline safety practice is well-versed in working with clients to address potential and existing whistleblower claims under the Pipeline Safety Act. This year we helped clients manage three separate potential whistleblower matters, involving pipeline safety allegations brought by current and former employees as well as third-party contractors. Our team collaborates with Bracewell’ s environmental and labor & employment lawyers to investigate and assess the merits of potential allegations, identify process and programmatic improvements to address the underlying allegations, and develop strategic plans for handling the various sensitivities often associated with these claims. Our work includes coordination with state and federal regulators where warranted based on the nature of the investigation.
9. Pipeline Safety Enforcement Defense, Investigations, and Special Permits
We represent numerous clients before the Department of Transportation’ s Pipeline and Hazardous Materials Safety Administration( PHMSA) with respect to contested enforcement, incident and other investigations, and special permit applications. This year we have been especially active advising clients on special permit applications( both application submissions and responding to comments on applications) and navigating large pipeline projects, including CO2 pipelines.
10. Regulated Pipeline Mergers & Acquisitions
2024 was a busy year for M & A in the oil and gas pipeline industry, and our team played a leading role in numerous industry-defining transactions. We provided regulatory due diligence, and guided clients through the federal and state approval processes to enhance the successful divestiture or integration of newly acquired assets.
“ Bracewell offers high quality of work combined with great customer service and communication. The team are very knowledgeable of all oil and gas regulations as well as current market and FERC conditions.” – Chambers Global 2025
“ They are phenomenal lawyers and outside counsel. The team are very responsive, very knowledgeable and client centric.” – Chambers Global 2025 bracewell. com