News & Analysis as of

Natural Gas Act Greenhouse Gas Emissions Oil & Gas

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

Akin Gump Strauss Hauer & Feld LLP

Early Assessment of the Effect of President Trump’s New Executive Orders on FERC Infrastructure Projects

On January 20, 2025, and throughout his first week in office, President Trump signed a series of executive orders (EOs) outlining his priorities for the domestic energy industry and setting forth policy preferences that...more

Troutman Pepper Locke

Senate Committee Considers Three New FERC Nominees

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On March 21, 2024, the Senate Committee on Energy and Natural Resources held a hearing to consider President Biden’s three recent nominations to the Federal Energy Regulatory Commission (“FERC” or “Commission”): (1) David...more

Vinson & Elkins LLP

The Re-Solidification of FERC’s Driftwood Compromise

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At the Open Meeting held on September 21, 2023, the Federal Energy Regulatory Commission (“FERC” or “Commission”) approved four of the six Natural Gas Act (“NGA”) certificate orders for interstate natural gas pipelines and...more

Davis Wright Tremaine LLP

FERC Modifies Gas Infrastructure Project Approval Process

At its February 2022 meeting, the Federal Energy Regulatory Commission (FERC) approved two policy statements that will significantly affect its processing of applications for gas infrastructure projects. In its Updated...more

Vinson & Elkins LLP

FERC Complicates Natural Gas Infrastructure Application Process

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The Federal Energy Regulatory Commission (“FERC”) issued two important policy statements by a 3-2 vote on February 18, 2022 regarding the construction of natural gas facilities. The policy statements make numerous changes to...more

Troutman Pepper Locke

FERC Updates Natural Gas Pipeline ‎Certificate Policy Statement, GHG Policy

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On February 17, 2022, the Federal Energy Regulatory Commission (FERC) announced two new policy statements intended to bolster the “legal durability” of the approval process for future natural gas projects. The policy...more

Troutman Pepper Locke

FERC Overhauls Existing Pipeline Project Analysis, Creates Separate Interim GHG Policy for Gas Infrastructure Projects

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On February 17, the Federal Energy Regulatory Commission (FERC or Commission) announced two new, significant policies that may have a profound impact on both natural gas pipeline projects before the Commission and the...more

Pierce Atwood LLP

Technical Conference Sparks Debate Over FERC’s Legal Authority to Consider Greenhouse Gas Emissions in Pipeline Certification...

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On November 19, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) convened a Staff-led technical conference to discuss methods natural gas companies may use to mitigate the effects of direct and indirect...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

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

Blank Rome LLP

FERC Commissioners Approve the Venture Global Calcasieu Pass LNG Export Project but Signal Divisions in Approaches to Evaluating...

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On February 21, 2019, the Federal Energy Regulatory Commission (“FERC” or “the Commission”) issued an order authorizing Venture Global Calcasieu Pass, LLC (“Calcasieu Pass”) to site, construct, and operate a new liquefied...more

Sullivan & Worcester

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

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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

A&O Shearman

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

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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

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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

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