West Virginia University College of Law professor Jesse Richardson recently published new scholarship in the Environmental Law Reporter. The article is titled "How Environmental Litigation Has Turned Pipelines Into Pipe Dreams" and appeared in volume 52 of the journal in July 2022. Professor Richardson co-authored the article with WVU College of Law graduate Madison Hinkle. Ms. Hinkle works as a Community Advocate at Mountain Watershed Association.
From the abstract:
Proposed oil and gas pipelines have faced a myriad of legal challenges in the past several years. Even where pipeline proponents have prevailed, the cost and delay of protracted litigation has often caused cancellation of pipeline projects. In addition, presidential transitions have led to abrupt reversals of pipeline policies, which courts have often reviewed skeptically. This Article explores the regulatory framework for pipeline construction and analyzes recent lawsuits, describing the legal requirements that agencies must follow to change policies and discussing policies of the Obama and Trump Administrations in context of the legal challenges. It concludes by analyzing the approaches taken by pipeline opponents and discussing implications for future projects.
Find more of Professor Richardson's scholarship on SSRN and his SelectedWorks scholarship profile.