Marcella Burke co-authored an op-ed with Connor Mighell in the Oil & Gas E-Report (Issue 2, June 2025) published by the Institute for Energy Law. Their article, “It’s Time to Modernize PHMSA,” posits the U.S. Department of Transportation’s request for information presents a golden opportunity to update its Pipeline and Hazardous Materials Safety Administration (PHMSA) regulations to modernize standards, enhance due process, and standardize inspections.
The piece highlights opportunities to:
- Streamline repair timelines for corrosion and inspection requirements.
- Incorporate modern detection technology to reduce unnecessary costs.
- Address due process gaps in enforcement, including implications of the Supreme Court’s SEC v. Jarkesy decision.
- Establish separation-of-function requirements between investigatory and enforcement staff.
- Standardize inspections and enforcement practices across regions to increase credibility.
- Consider relocating PHMSA’s headquarters closer to pipeline operations in Oklahoma and exploring potential consolidation with the Department of the Interior’s BSEE.
Burke and Mighell argue that these reforms would preserve safety while reducing inefficiencies, bringing PHMSA’s mission in line with the Trump Administration’s broader goals of regulatory accountability and energy dominance.