Sierra Club v. Federal Energy Regulatory Commission

The D.C. Circuit Court of Appeals denied petitions for review challenging the Federal Energy Regulatory Commission’s extensions of construction deadlines for the 99-mile Northern Access Pipeline in Pennsylvania and New York and for improvements to an <a href="https://climatecasechart.com/case/sierra-club-v-federal-energy-regulatory-commission-6/">existing liquefied natural gas terminal</a> on Corpus Christi Bay in Texas and a related pipeline. The D.C. Circuit found that FERC’s decisions were reasonable and adequately supported by record evidence. Regarding the Northern Access Pipeline, the D.C. Circuit rejected the petitioner’s argument that FERC acted arbitrarily and capriciously by failing to consider the impacts of New York’s 2019 climate law on the market need for the project, as well as the related argument that the 2019 law’s effects necessitated preparation of a supplemental environmental impact statement.

Sierra Club filed a petition for review in the D.C. Circuit Court of Appeals challenging the Federal Energy Regulatory Commission's (FERC’s) grant of a request for a 35-month extension of time for construction and placement into service of the Northern Access 2016 Project, which would involve construction of approximately 99 miles of natural gas pipeline in New York, a new compressor station, additional compression at an existing compressor station, and various appurtenant facilities. Arguments before FERC included that greater understanding of the impacts of climate change and the significance of greenhouse gas emissions constituted new information requiring updated environmental analysis.