D.C. Circuit Holds Pipeline’s Upstream GHGs Not ‘Foreseeable’ Under NEPA

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit is unanimously upholding the Federal Energy Regulatory Commission’s (FERC) environmental review of a contested gas pipeline upgrade, rejecting a push by environmentalists -- citing EPA comments -- for the commission to weigh the project’s upstream greenhouse gas emissions. The court’s June 14 opinion -- upholding the review of the East 300 Upgrade Project running from Pennsylvania to the New York City area -- also rejected...