News & Analysis as of

National Environmental Policy Act Greenhouse Gas Emissions Natural Gas

Akin Gump Strauss Hauer & Feld LLP

DOE Secretary Uses Rarely Invoked Statutory Authority to Seek Rescission of FERC’s Draft Pipeline Certificate Policy

On August 29, 2025, Christopher Wright, the Secretary of the U.S. Department of Energy (DOE) submitted a proposal to the Federal Energy Regulatory Commission (FERC) under section 403 of the Department of Energy Organization...more

Troutman Pepper Locke

FERC Reinstates Authorization for Transco Pipeline Expansion Project

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On January 24, 2025, FERC reinstated a certificate of public convenience and necessity (“CPCN”) for Transcontinental Gas Pipe Line Company’s (“Transco”) Regional Energy Access Expansion Project (“Project”) after the D.C....more

Troutman Pepper Locke

FERC Withdraws Draft GHG Policy Statement and Terminates Associated Proceeding

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On January 24, 2025, FERC withdrew its 2022 draft Greenhouse Gas (“GHG”) Policy Statement and terminated the associated proceeding. FERC determined that, after reviewing the entire record, issues concerning GHG emissions are...more

Akin Gump Strauss Hauer & Feld LLP

Transco’s REAE Project: FERC Reinstates Certificate, Ensuring Continued Operation

On January 24, 2025, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order on remand (the Order) reinstating a certificate of public convenience and necessity for Transcontinental Gas Pipe Line...more

Akin Gump Strauss Hauer & Feld LLP

FERC Formally Axes its Draft Policy Statement on Greenhouse Gas Emission Considerations for Natural Gas Act Projects

On January 24, 2025, the Federal Energy Regulatory Commission (FERC or the Commission) issued an Order Terminating Proceeding in Docket No. PL21-3, Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure...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

Pierce Atwood LLP

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

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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

K&L Gates LLP

Carbon Quarterly – Volume 9

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Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...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

Troutman Pepper Locke

D.C. Circuit Upholds FERC’s NEPA Review of Alaskan LNG Project

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On May 16, 2023, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued an opinion in Center for Biological Diversity v. Alaska Gasline Development Corporation, affirming FERC’s...more

Stinson LLP

White House Announces New Guidance on Evaluating Greenhouse Gas Emissions

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On January 6, 2023, the White House’s Council on Environmental Quality (CEQ) announced new interim guidance for evaluating greenhouse gas (GHG) emissions and climate change under the National Environmental Policy Act...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

Morgan Lewis - Power & Pipes

Senator Manchin Proposes to Streamline Energy Infrastructure Permitting and Give FERC Jurisdiction Over Hydrogen

Following weeks of anticipation, US Senator Joe Manchin (D-WV) released the text of the Energy Independence and Security Act of 2022, his permitting reform legislation, on September 21, 2022. As part of an agreement to win...more

White & Case LLP

FERC Overhauls Review of Natural Gas Infrastructure Projects

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The Federal Energy Regulatory Commission (FERC) answered longstanding calls by environmental groups and landowners to "modernize" certain aspects of the certification and approval process for natural gas infrastructure...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

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

Downey Brand LLP

Biden’s Inauguration Day Executive Order on Environment and Energy Regulation

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On his first day in office on January 20, 2021, President Biden signed an Executive Order titled, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis” (the Order). The Order...more

Blank Rome LLP

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

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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

Holland & Knight LLP

FERC Opens Notice of Inquiry for Review of Natural Gas Pipeline Policies

Holland & Knight LLP on

• The Federal Energy Regulatory Commission has unanimously voted to open a new Notice of Inquiry seeking input on whether – and, if so, how – it should update its existing policies and procedures for reviewing and issuing...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

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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

Perkins Coie

Executive Order Seeks Sweeping Reversal of Climate Change Policies to Favor U.S. Energy Production

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President Donald Trump recently signed Executive Order 13783, an omnibus executive order aimed at reducing burdens on further development of domestic energy resources, with “particular attention” to oil, natural gas, coal and...more

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