ELR Citation: 55 ELR 20042
No(s). 23-1226 (D.C. Cir. Mar 28, 2025)

The D.C. Circuit denied environmental groups' challenge to FERC's authorization of a project to build two new natural gas pipelines in southwestern Louisiana. The groups argued FERC violated NEPA by failing to consider the project's effects on upstream greenhouse gas (GHG) emissions, failing to determine whether overall effects on GHGs were significant, and failing to consider its environmental effects in tandem with the connected terminal's environmental effects. The court found FERC adequately explained why it could not reasonably predict upstream emissions and why it could not determine whether overall effects were significant, and that the groups forfeited their third challenge by failing to raise it in comments on the draft EIS. The groups also argued FERC violated the Natural Gas Act when it determined the project would serve a market need and that its benefits would outweigh adverse effects. The court found substantial evidence supported FERC's conclusion that the project served a market need and that the Commission considered its effects on GHGs when balancing benefits against costs. It denied the petition for review.