ELR Citation: 55 ELR 20010
No(s). 20-1317 (D.C. Cir. Jan 17, 2025)

The D.C. Circuit vacated the Pipeline and Hazardous Materials Safety Administration's (PHMSA's) 2020 rule authorizing the transportation of liquefied natural gas by rail in newly designed tank cars without a permit. Environmental groups, several states, and an Indian tribe petitioned for review, arguing PHMSA violated NEPA by failing to take a "hard look" at how the rule would affect public safety. The court found the record reflected a high-consequence risk of a derailment that could seriously harm the environment, and thus that PHMSA was required to prepare an EIS. Because PHMSA failed to do so, the court vacated the rule and remanded to the agency for further proceedings.