ELR Citation: 54 ELR 20113
No(s). 23-1064 (D.C. Cir. Jul 30, 2024)

The D.C. Circuit vacated FERC's approval of an expansion project for a natural gas pipeline that runs through New Jersey, New York, Delaware, Maryland, and Pennsylvania. Environmental groups petitioned to review the approval, arguing FERC arbitrarily overlooked significant environmental consequences of the project and failed to adequately consider evidence suggesting a lack of market need for the pipeline's additional capacity nor New Jersey state laws mandating reductions in natural gas consumption. The court held FERC failed to adequately explain its decision to not make a significant determination regarding greenhouse gas emissions and failed to discuss possible mitigation measures, in violation of NEPA, and that it failed to respond to material challenges to its finding of market need, in violation of the Natural Gas Act. The court granted the petitions for review, vacated the approval, and remanded to the Commission for appropriate action.