ELR Citation: 54 ELR 20087
No(s). 22-1214 (D.C. Cir. Jun 14, 2024)

The D.C. Circuit denied petitions to review FERC's approval of a project that would expand service on a natural gas pipeline running from western Pennsylvania to the New York metropolitan area. A nonprofit group argued FERC's EIS failed to quantify greenhouse gas (GHG) emissions from upstream drilling for the extra gas, failed to quantify ozone emissions from its downstream burning, and failed to categorize emissions impacts as significant or insignificant. It further argued the Commission did not adequately consider state and city laws in mandating reductions in carbon dioxide emissions. The court found FERC reasonably concluded there was too much uncertainty regarding the number and location of additional upstream wells, reasonably explained its decision to not give a quantitative estimate of how much ozone would be produced, and amply discussed the "significance" of GHG emissions despite not having attached a specific label. It further found the New York State Climate Leadership and Community Protection Act did not undercut FERC's finding of need. The court denied the group's petitions.