ELR Citation: 55 ELR 20006
No(s). 23-1046 (D.C. Cir. Jan 7, 2025)

The D.C. Circuit denied an advocacy group's petition to review FERC's approval of a natural gas pipeline in Indiana. The group argued FERC was required to analyze non-gas alternatives before approving the pipeline, which would serve two new natural gas turbines as part of a plan to retire a coal-fired facility and replace it with wind and solar energy sources. The court found that Congress gave FERC authority to promote the development of interstate natural gas pipelines, but left the choice of energy generation to states, and thus that FERC did not have statutory authority to consider non-gas alternatives already rejected by the state. Because FERC acted lawfully and reasonably when conducting the EA and assessing the public convenience and necessity for the pipeline, the court denied the group's petition for review.