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 ’ s strengths are in its responsiveness and the team ’ s ability to come up with practical solutions .” – Chambers USA 2024
“ Industry experts in energy regulation . Always find time for their clients .” – Legal 500 2023 bracewell . com