ELR Citation: 54 ELR 20068
No(s). 22-1101 (D.C. Cir. Apr 30, 2024)

The D.C. Circuit denied environmental groups' petition to review FERC's certification of an interstate natural gas pipeline expansion project. The groups argued FERC violated NEPA by failing to consider the full scope of the project's environmental effects because the EIS did not include four other natural gas projects that were "connected actions"; by failing to account for the environmental impact of two ongoing authorizations by DOE to export gas that might include some of the gas flowing through the pipeline system; and by not using an environmental metric known as the "social cost of carbon." The court found the record adequately supported FERC's conclusion that the project at issue was not connected to the other projects, that FERC was not required to evaluate the environmental effects of exported gas that flows through the pipeline, and that FERC did not act unreasonably in finding the social cost of carbon metric was inadequately accurate to warrant inclusion under its NEPA analysis. The court denied the petition.