NEPA- Federal Energy Regulatory Commission

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On August 22, 2017, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the Federal Energy Regulatory Commission (FERC) did not properly assess greenhouse gas emission impacts of the Southeast Market Pipelines Project, a three-pipeline project including the Sabal Trail pipeline, during its NEPA review. The court found that FERC should have provided an “estimate of the downstream greenhouse emissions that will result from burning the natural gas that the pipelines will transport or explained more specifically why it could not have done so.” On January 31, 2018, the D.C. Circuit declined to review its August decision.

On May 18, 2018, the Federal Energy Regulatory Commission (FERC) issued a 3-2 decision to not consider climate change impacts of natural gas production (“upstream” emissions) and consumption of the gas (“downstream” emissions) during the NEPA process for proposed natural gas pipelines.

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