ELR Citation: 54 ELR 20115
No(s). 23-1174 (D.C. Cir. Aug 6, 2024)

The D.C. Circuit granted in part and denied in part challenges to FERC orders reauthorizing two liquefied natural gas export terminals in Texas and a pipeline that would carry natural gas to one of them. The city of Port Isabel and an environmental group argued FERC failed to comply with NEPA and Natural Gas Act requirements. The court found FERC erroneously declined to issue supplemental EISs addressing its updated environmental justice analysis for each project and its consideration of a carbon capture and sequestration system for one of the terminals, and that it failed to explain why it declined to consider air quality data from a nearby monitor. It granted the petitions in those respects, vacated the orders, and remanded to FERC for further consideration.