The Journey or the Destination?: Reconsidering the Proper Role of Greenhouse Gas Emissions Impacts in NEPA Review of Natural Gas Pipeline Projects
Article from: OGEL 5 (2019), in Pipelines
Introduction
This article examines how Federal Energy Regulatory Commission ("FERC") has applied Sierra Club in determining the appropriate scope of National Environmental Policy Act ("NEPA") review with respect to the upstream and downstream impacts, and in particular greenhouse gas ("GHG") emissions, associated with a proposed natural gas pipeline project-and how courts have responded to the ensuing challenges of FERC's certificate orders for such projects. It discusses the tension revealed by these challenges between the "rule of reason" that governs NEPA review and ...