Seven AGs Filed Amicus Brief Opposing FERC Policy Curtailing NEPA Evaluations of Greenhouse Gas Emissions for New Pipelines

New York Attorney General Barbara Underwood led a coalition of seven state attorneys general in filing an amicus brief in opposition to the Federal Energy Regulatory Commission’s (FERC) policy halting National Environmental Policy Act (NEPA) evaluations of greenhouse gas emissions from new natural gas pipelines. In their amicus brief, the attorneys general noted that FERC’s decision ignores the controlling precedent established in Sierra Club v. FERC, which held that increased greenhouse gas emissions are subject to NEPA review. The attorneys general also noted that FERC issued its policy in a “procedurally defective manner” during a rehearing on an individual adjudicatory proceeding. The AGs further noted that FERC’s ruling appears to be designed to limit public input on the climate change impacts of future natural gas pipelines, which are “reasonably foreseeable” environmental impacts of new pipeline construction and subject to NEPA review.

• Documents: Amicus Brief
• Document Type: Briefs
• States: Maryland Massachusetts New Jersey New York Oregon Washington Washington, D.C.
• Agencies: Federal Energy Regulatory Commission
• Issues: Clean Air & Climate Climate Cross-Cutting & Administrative Fossil Fuels Greenhouse Gas Emissions National Environmental Policy Act Oil and Gas Pipelines
• Era: Trump Administration
• Outcome: Loss
• Explanation of Outcome:The court dismissed the petition for lack of standing and because the petitioner could not demonstrate an injury.
• Action Type: Litigation