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D.C. Circuit Court Again Addresses NEPA’s Scope

On January 7, 2025, the U.S. Court of Appeals for the D.C. Circuit, in Citizens Action Coalition of Indiana v. FERC, rejected a National Environmental Protection Act (NEPA) and Natural Gas Act (NGA) challenge to FERC’s...more

Update: FERC Revises “Tolling” Order Language to Address Recent Court of Appeals Decision; Seeks Legislative Fix

As discussed previously in Pierce Atwood’s Energy Infrastructure Blog, on June 30, 2020, the U.S. Court of Appeals for the DC Circuit ruled that FERC lacks authority to issue tolling orders that postpone rehearing decisions...more

FERC Declares Concurrent Jurisdiction with Bankruptcy Courts Over Rejections of Natural Gas Transportation Agreements

On June 22, 2020, the Federal Energy Regulatory Commission (“FERC”) issued an order in response to a Petition for Declaratory Order (“Petition”) filed by ETC Tiger Pipeline, LLC (“ETC Tiger”), finding that FERC has concurrent...more

First Circuit Vacates Air Permit: Natural Gas Pricing and Supply in New England Potentially Impacted

The U.S. Court of Appeals for the First Circuit recently vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by Algonquin...more

First Circuit Vacates Air Permit Due to Inadequate BACT Analysis

On June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by...more

FERC Commissioner Bernard McNamee Won’t Seek Renomination

Yesterday at FERC’s open meeting, Commissioner Bernard McNamee announced that he will not seek renomination once his term expires on June 30, 2020. He stated that he will stay until his successor is selected, so that the...more

NEPA Overhaul? CEQ Proposes Significant Changes to Federal Environmental Review

The Council on Environmental Quality (CEQ), a division of the Executive Office of the President, today published in the Federal Register a Notice of Proposed Rulemaking that would make significant changes to its regulations...more

NESCOE Proposes ISO-NE Facilitate Addition Of New Electric Transmission Infrastructure & Natural Gas Capacity

The New England States Committee on Electricity (NESCOE) has proposed that ISO-New England (ISO-NE) facilitate the addition of new electric transmission infrastructure to access renewable resources and increased natural gas...more

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