D.C. Circuit Expected To Order FERC To Broaden Pipeline GHG Reviews

Appellate judges are expected to require the Federal Energy Regulatory Commission (FERC) to expand consideration of greenhouse gas emissions when approving natural gas pipelines with a known upstream producer, which would extend a two-year-old precedent requiring FERC to address downstream GHGs when the end user is known. However, the expected ruling is unlikely to address FERC’s new policy that limits need to consider upstream or downstream GHGs at all in National Environmental Policy Act (NEPA) reviews for other pipelines because...