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Oberlin, Ohio v. Federal Energy Regulatory Commission
The D.C. Circuit denied a city's second petition to review FERC's order granting a certificate of public convenience and necessity for construction of a natural gas pipeline from Ohio to Michigan. In the city's initial petition, it argued FERC had not adequately justified its reliance on agreements ...
Sierra Club v. Federal Energy Regulatory Commission
The D.C. Circuit denied environmental groups' petition to review FERC's order approving an extension of a natural gas pipeline into North Carolina. The groups specifically challenged the order's approved return on equity rate and the adequacy of the Commission's EIS, arguing that FERC should not hav...
West Virginia v. Environmental Protection Agency
The U.S. Supreme Court held, 6-3, that President Barack Obama's EPA had exceeded its statutory authority under §111(d) of the CAA when it promulgated the Clean Power Plan to address carbon dioxide pollution from existing power plants. States and coal companies had petitioned for review of the plan,...
How Environmental Litigation Has Turned Pipelines Into Pipe Dreams
Proposed oil and gas pipelines have faced a myriad of legal challenges in the past several years. Even where pipeline proponents have prevailed, the cost and delay of protracted litigation has often caused cancellation of pipeline projects. In addition, presidential transitions have led to abrupt reversals of pipeline policies, which courts have often reviewed skeptically.