FERC Considers GHG Emissions in a Gas Pipeline Review — Everyone Is Unhappy

Foley Hoag LLP - Environmental Law
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Foley Hoag LLP - Environmental Law

According to E&E News (subscription required), FERC yesterday, for the first time, assessed the impacts of a gas pipeline’s downstream GHG emissions.  (As of this writing, the decision is not yet available on FERC’s web site.)

 

 

Former chair James Danly was unhappy, calling the decision “legally infirm.”  I question Commissioner’s judgment on this one.

Neil Chatterjee provided the Republican vote in favor, saying that he made a pragmatic decision, because the alternative might be a FERC that approves no new natural gas projects.

And why is everyone unhappy?  Well, as a representative of the GOP and industry position, I think Commissioner Danly’s position speaks for itself.  And why might greens be unhappy?  Because the Commission still voted to approve the project.  Indeed, Chairman Glick specifically noted that:

Analyzing the impacts of the project’s greenhouse gas emissions doesn’t automatically doom the project.

We’ll see how long that position holds – and if it holds at all for large new projects.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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