News & Analysis as of

Greenhouse Gas Emissions National Environmental Policy Act Pipelines

Troutman Pepper Locke

D.C. Circuit Denies Healthy Gulf’s and Sierra Club’s Petition for Review of FERC Order Authorizing Construction and Operation of...

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On March 28, 2025, the D.C. Circuit denied a joint petition for review brought by Healthy Gulf and Sierra Club (together, “Petitioners”) challenging FERC’s grant of a certificate of public convenience and necessity (CPCN) to...more

Pierce Atwood LLP

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

Pierce Atwood LLP on

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

Akin Gump Strauss Hauer & Feld LLP

FERC Overrules Northern Natural and Finds it Does Not Need to Identify Whether a Natural Gas Project’s Greenhouse Gas Emissions...

On November 27, 2024, in Venture Global, CP2 LNG, LLC,1 the Federal Energy Regulatory Commission’s (FERC or Commission) explicitly overruled precedent set in Northern Natural Gas Co., a 2021 decision in which FERC made an...more

Bracewell LLP

New Climate Guidance Issued to Federal Agencies Conducting Environmental Impact Analyses

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On January 9, 2023, the Council for Environmental Quality (“CEQ”) published interim National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions and Climate Change (hereafter, “guidance” or “GHG...more

Pierce Atwood LLP

FERC Issues Two Controversial Policy Statements on Natural Gas Infrastructure

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On February 18, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two controversial policy statements that will significantly impact the permitting and construction of new natural gas pipeline...more

Beveridge & Diamond PC

D.C. Circuit Rejects FERC’s Analysis of Greenhouse Gas Emissions and Environmental Justice Issues for Texas LNG Facilities

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On August 3, 2021, the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) rejected the Federal Energy Regulatory Commission’s (FERC) environmental analysis of a group of Liquified Natural Gas (LNG)...more

Akin Gump Strauss Hauer & Feld LLP

FERC Revisits Natural Gas Certificate Policy Statement to Elevate Climate Change

On February 18, 2021, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Notice of Inquiry (NOI) seeking “new information and additional stakeholder perspectives” on potential revisions to its policy...more

Perkins Coie

Commissioners’ No Votes Speak Volumes About Upcoming Issues Facing FERC

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The Federal Energy Regulatory Commission held its first monthly meeting of 2021 on January 19, welcoming new Commissioner Mark Christie to his first meeting and taking on a packed agenda. Some attention has already been paid...more

Vinson & Elkins LLP

Navigating The Transition: Key Midstream Issues To Watch In The Biden Administration

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News stories and campaign rhetoric frequently create expectations of immediate shifts following an administration change, but most changes in the federal government happen slowly, and the constraint on resources and time...more

Benesch

Proposed Elimination of Cumulative Effects Analysis under NEPA Leaves Climate Change Considerations in Jeopardy

Benesch on

On January 9th, President Donald Trump in conjunction with the Council on Environmental Quality (“CEQ”) proposed sweeping regulatory revisions to rules that govern how the CEQ implements the National Environmental Policy Act...more

White & Case LLP

White House Proposes Significant Rollbacks to the National Environmental Policy Act

White & Case LLP on

The Trump administration proposed rules intended to speed up approval of major projects subject to the National Environmental Policy Act (NEPA), such as pipelines, power facilities, mines, highways, and other public...more

Sullivan & Worcester

Greenhouse Gas Quantification Under FERC’s Pipeline Certification Process

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Since our last article discussing the way in which the Federal Energy Regulatory Commission ("FERC" or "the Commission") considers greenhouse gas (GHG) emissions and climate impacts in the pipeline certification process, the...more

Sheppard Mullin Richter & Hampton LLP

D.C. Circuit Says NEPA Requires FERC To Inquire Into Up and Downstream Effects of Pipeline Project

In a recent opinion, the D.C. Circuit suggested the Federal Energy Regulatory Commission (FERC) must attempt to obtain information necessary to evaluate the environmental effects of a proposed interstate pipeline project due...more

Sullivan & Worcester

FERC Continues to Forge Its Own Path in Considering Climate Impacts in Pipeline Applications

Sullivan & Worcester on

Among other responsibilities, the Federal Energy Regulatory Commission ("FERC" or "the Commission") approves and issues construction certificates for interstate gas pipelines and related infrastructure under section 7 of the...more

Blank Rome LLP

Pipeline Update: Here Today, Gone Tomorrow? FERC’s Natural Gas Pipeline Greenhouse Gas Analysis Policy

Blank Rome LLP on

The Republican majority of the Federal Energy Regulatory Commission (“FERC” or “Commission”) has drawn a clear distinction with how and when the Commission will analyze upstream and downstream greenhouse gas (“GHG”) emissions...more

King & Spalding

FERC Order Announces Policy Shift To Limit Environmental Review in Pipeline Certification Decisions

King & Spalding on

Announcing an unexpected policy shift, the Federal Energy Regulatory Commission (FERC) issued an Order on May 18, 2018, limiting its analysis of upstream and downstream greenhouse gas (GHG) emissions in its environmental...more

Blank Rome LLP

FERC Responds Quickly and Decisively to D.C. Circuit Remand in Sabal Trail Matter on Downstream GHG Analysis

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The Federal Energy Regulatory Commission (“FERC”) weighed in rapidly and decisively on the Sabal Trail (a/k/a Southeast Market Pipelines or “SMP Project”) case that the D.C. Circuit remanded to it on August 22, 2017. As...more

Troutman Pepper Locke

NY Seizes on Recent D.C. Circuit Decision to Deny Pipeline Permits

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The U.S. Court of Appeals for the D.C. Circuit’s recent decision in Sierra Club v. FERC (Southeast Market Pipelines Project), No. 16-1329 (D.C. Cir. 2017), has already had an impact on the natural gas industry and resulted in...more

Perkins Coie

FERC Failed to Adequately Consider Environmental Impacts of Downstream GHG Emissions Under NEPA Says D.C. Circuit

Perkins Coie on

The U.S. Court of Appeals for the District of Columbia last week vacated and remanded a 2016 Order by the Federal Energy Regulatory Commission that had authorized construction and operation of the Southeast Market Pipelines...more

A&O Shearman

D.C. Circuit: FERC Must Consider Potential Pipeline Downstream GHG Effects

A&O Shearman on

On August 22, the US Court of Appeals for the District of Columbia Circuit, in a 2-1 decision, vacated and remanded orders of the Federal Energy Regulatory Commission (FERC) authorizing the construction and operation of three...more

WilmerHale

DC Circuit Holds FERC Must Analyze Downstream Greenhouse Gas Emissions in Approving Interstate Gas Pipelines

WilmerHale on

Last week, the United States Court of Appeals for the District of Columbia Circuit issued an opinion in Sierra Club v. FERC, No. 16-1329 (D.C. Cir. Aug. 22, 2017), concluding that the Federal Energy Regulatory Commission...more

Beveridge & Diamond PC

D.C. Circuit Rules That FERC Should Have Quantified Indirect Greenhouse Gas Emissions in Approving Natural Gas Pipeline

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In a 2-1 decision, the D.C. Circuit of the U.S. Court of Appeals has ruled that the Federal Energy Regulatory Commission (“FERC”) did not satisfy the requirements of the National Environmental Policy Act (“NEPA”) when it...more

Foley Hoag LLP - Environmental Law

Does NEPA Require Assessment of Downstream GHG Emissions Resulting From Gas Pipelines?

Last week, a divided panel of the D.C. Circuit Court of Appeals ruled that FERC violated NEPA in failing to assess downstream greenhouse gas emissions resulting from construction of the Sabal Trail pipeline, part of the...more

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