Court rejects pipeline project on climate concerns

An appeals court on August 22, 2017 rejected the federal government’s approval of a natural gas pipeline project in the southeastern U.S., citing concerns about its impact on climate change.

In a 2-1 ruling, the Court of Appeals for the District of Columbia Circuit found that the Federal Energy Regulatory Commission (FERC) did not properly analyze the climate impact from burning the natural gas that the project would deliver to power plants.

The ruling is significant because it adds to environmentalists’ arguments that analyses under the National Environmental Policy Act — the law governing all environmental reviews of federal decisions — must consider climate change and greenhouse gas emissions.

The case concerns the Southeast Market Pipelines Project, which is meant to bring gas to Florida to fuel existing and planned power plants. The Sierra Club sued FERC following its 2016 approval of the project.

The environmental impact statement for the project “should have either given a quantitative estimate of the downstream greenhouse emissions that will result from burning the natural gas that the pipelines will transport or explained more specifically why it could not have done so,” Judge Thomas Griffith, who was nominated to the court by President George W. Bush, wrote in the opinion.

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