The Fifth Circuit Court of Appeals denied petitions for review challenging the Federal Energy Regulatory Commission’s (FERC’s) authorization of a project to expand capacity at three compressor stations on a natural gas pipeline serving the Pacific Northwest. Under the National Environmental Policy Act (NEPA), the Fifth Circuit concluded that FERC did not act arbitrarily and capriciously by adopting its environmental impact statement and approving the expansion project. The court cited the deference due to FERC’s NEPA review under the Supreme Court’s decision in Seven County Infrastructure Coalition v. Eagle County and rejected environmental organizations’ contentions that FERC failed to consider the impacts of a no-action alternative, that FERC’s review should have considered replacement of the compressors (which under FERC regulations is exempt from NEPA review) as a connected action, and that FERC did not adequately consider public health and safety issues. The Fifth Circuit also rejected the project applicant’s challenge to FERC’s denial of a request for a predetermination allowing the applicant to roll project costs into base rates in a future proceeding (though the court found that the applicant had standing and that its claim was ripe). In addition, the Fifth Circuit rejected Washington and Oregon’s claims challenging FERC’s determinations under the Natural Gas Act.

Challenges by developer, environmental groups, and states to Federal Energy Regulatory Commission authorizations for natural gas compression facilities in Idaho, Washington, and Oregon to enable expansion of pipeline system transportation capacity.

Gas Transmission Northwest, LLC v. Federal Energy Regulatory Commission

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Fifth Circuit Rejected NEPA and Other Challenges to FERC Authorization of Natural Gas Pipeline Expansion Project

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A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

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Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

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Fifth Circuit Rejected NEPA and Other Challenges to FERC Authorization of Natural Gas Pipeline Expansion Project

Policy instrument

Risk

Impacted group

Fossil fuel

Greenhouse gas

Economic sector

Finance