The big word from the D.C. Circuit just out yesterday in Sierra Club v. Federal Energy Regulatory Commission, 2017 WL 3597014 (D.C. Cir. 2017), is this: “downstream” emissions in pipeline approvals—the emissions that will or may occur as a result of the pipeline’s operation—cannot just be categorically excluded from Federal Energy Regulatory Commission (FERC) NEPA […]
Read moreWilliams & Co. Stumble in Pipeline Project: Did NYS Just Create a Playbook?
The New York State Department of Environmental Conservation (NYSDEC) is the authorized agency implementing New York’s Clean Water Act water quality standards. The extraordinary thing about these standards is that federal projects that might violate those standards cannot just be waived through by a federal agency in control. Only the authorized state can do that […]
Read moreA Pipeline, A North Dakota Community’s Water, and the End of a NEPA Saga?
Unless you’re one of the 80K+ residents of northern North Dakota who’s been waiting on this project, you’d be forgiven for thinking we mean that other pipeline that got hung up on NEPA. This pipeline is a straw moving water from one watershed (the Missouri River basin) to another (the Hudson Bay basin). The proposal […]
Read moreDAPL: The Winter of Trump’s Environmental Agenda?
The world waits as the D.C. Circuit Court of Appeals weighs the Standing Rock Sioux Tribe’s (SRST) appeal in their case opposing the Army Corps of Engineers’ approval of the Dakota Access Pipeline (DAPL) crossing Lake Oahe. In the end, the argument on appeal comes down to a NEPA claim: that the Corps should’ve prepared […]
Read moreWhat Else Is there to Say?
MoMa has an outstanding collection of twentieth century art (including Edward Ruscha’s antic classic OOF). Which understatement deserves another: President-elect Donald J. Trump promises to bring the unexpected back to NEPA. Indeed, Trump’s election has already given us one surprise: the Corps of Engineers’ decision yesterday to prepare a full impact statement on a right-of-way […]
Read moreBias v. NEPA: What if Informational Tools are Futile?
As we’ve written up at the Lab before, the Federal Energy Regulatory Commission (FERC) plays an absolutely vital role in permitting and governing the nation’s energy infrastructure. And that vests it with a leading role in the nation’s fossil fuel future. This has not been lost on the environmental groups that keep challenging FERC’s decisions […]
Read moreThe (In)significance of Greenhouse Gases in NEPA
In an opinion released late last month, the D.C. Circuit rejected several NEPA challenges brought against the Federal Energy Regulatory Commission’s permissions at Dominion Cove Point. The climate change claims were the most important and FERC may well count Earthreports, Inc. v. Federal Energy Reg. Comm’n 2016 WL 3853830 (D.C. Cir. 2016) among its most […]
Read moreDominion Cove Point @ the D.C. Circuit: Wherever Causation Leads . . .
The Federal Energy Regulatory Commission (FERC) licenses the pipeline transport of natural gas pursuant to the Natural Gas Act and other authorities. Dominion Energy, Cabot Oil & Gas and others petitioned FERC for permission to convert the major liquefied natural gas (LNG) terminal in Lusby, Maryland, from an import-oriented facility to an export-driven one. America’s […]
Read moreKXL the Keystone of US/Canada Relations No Longer
As has been widely reported, the KXL application will be denied. Our stories about KXL (like here) noted the challenges inherent in counting greenhouse gas emissions from something like the Alberta tar sands. In weighing a single infrastructure project (even an immense one) meant to speed development, it proved exceedingly hard to synthesize good accounting rules sorting out which emissions to […]
Read moreFERC, Programmatic Analysis and the Shale Gas Boom Going Bust
The Federal Energy Regulatory Commission (FERC) is the successor-agency to one of the National Environmental Policy Act’s (NEPA) principal catalysts, the now-defunct Federal Power Commission (FPC). The FPC was renowned for its ham-handed exclusion of environmentalists and other intervenors as it was licensing dams and other hydro projects in the 1960s. So recalcitrant and cozy […]
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