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The Climate Litigation Database

Appalachian Voices v. Federal Energy Regulatory Commission

About this case

Filing year
2026
Status
Motion for stay denied.
Docket number
26-1100
Court/admin entity
United StatesUnited States Federal CourtsUnited States Court of Appeals for the District of Columbia (D.C. Cir.)
Case category
Federal Statutory Claims (US)NEPA (US)Federal Statutory Claims (US)Other Statutes and Regulations (US)
Principal law
United StatesAdministrative Procedure Act (APA)United StatesNational Environmental Policy Act (NEPA)United StatesNatural Gas Act
At issue
Challenge to an order authorizing construction and operation of the Southeast Supply Enhancement Project, a gas pipeline project involving installation of 55.3 miles of pipeline in Virginia and North Carolina.

Documents

Filing Date
Document
Type
06/05/2026
Motion for stay denied.
The D.C. Circuit Court of Appeals denied a motion by Appalachian Voices and three other environmental organizations for a stay pending review of a Federal Energy Regulatory Commission (FERC) order authorizing construction and operation of the Southeast Supply Enhancement Project, a gas pipeline project involving installation of 55.3 miles of pipeline in Virginia and North Carolina. The organizations’ stay motion argued that they were likely to succeed on the merits of their claim that FERC violated the National Environmental Policy Act (NEPA) by failing to take a hard look at aquatic impacts, including cumulative impacts from a co-located pipeline project. (The organizations’ non-binding statement of issues indicated that they also would argue that FERC violated NEPA and the Natural Gas Act by failing to adequately consider the project’s greenhouse gas emissions and their impacts.) In its order denying the stay motion, the D.C. Circuit found that the petitioners did not demonstrate that they would likely succeed in showing that FERC’s consideration of the project’s environmental effects fell outside a “broad zone of reasonableness.” The court also found that harm to the public and other parties of stopping the project midway outweighed any irreparable harm to the environmental organizations.
Decision
05/29/2026
Petitioners filed non-binding statement of issues to be raised.
Statement
05/05/2026
Motion for stay pending review filed by petitioners.
Motion

Summary

Challenge to an order authorizing construction and operation of the Southeast Supply Enhancement Project, a gas pipeline project involving installation of 55.3 miles of pipeline in Virginia and North Carolina.