Analysis

Oil & Gas Bankruptcies May Hit Snags Amid FERC Turf War

Law360 (July 6, 2020, 5:58 PM EDT) -- The Federal Energy Regulatory Commission recently expanded its turf war with bankruptcy courts when it determined that Chesapeake Energy Corp. must get its blessing to ditch pipeline contracts in Chapter 11, and attorneys say the growing oil and gas bankruptcy wave sets the stage for more jurisdictional fights.

FERC's June 22 order that the Natural Gas Act gives it concurrent jurisdiction with the bankruptcy court over Chesapeake's gas transportation agreements — made with respect to a pipeline owned by midstream giant Energy Transfer LP — echoes the agency's 2019 orders that the Federal Power Act gives it concurrent jurisdiction over the power...

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