Birckhead v. Federal Energy Regulatory Commission
ELR Citation: 49 ELR 20097 No(s). 18-1218 (D.C. Cir. Jun 4, 2019)
The D.C. Circuit denied a petition to review FERC's decision authorizing the construction and operation of a new natural gas compression facility in Tennessee. Landowners and business owners argued that FERC violated NEPA by failing to adequately evaluate alternatives to the facility. The court disagreed, finding that the explanation the agency provided in its EA after weighing various factors associated with twelve alternative sites was sufficient under NEPA. The owners also argued that FERC violated NEPA by failing to consider the environmental impacts of downstream gas combustion from the facility. The court found no basis to conclude that FERC acted unreasonably in declining to evaluate downstream combustion impacts as part of its indirect analysis. It therefore denied the owners' petition.