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Food & Water Watch v. Federal Energy Regulatory Commission

Filing Date: 2022
Case Categories:
  • Federal Statutory Claims
    • NEPA
  • Federal Statutory Claims
    • Other Statutes and Regulations
Principal Laws:
Natural Gas Act, Administrative Procedure Act (APA), National Environmental Policy Act (NEPA)
Description: Challenge to authorization of a project to increase the natural gas capacity of an existing pipeline, including modifications to existing compressor stations in Pennsylvania and New Jersey and construction of a new compressor station in New Jersey.
  • Food & Water Watch v. Federal Energy Regulatory Commission
    Docket number(s): 22-1214
    Court/Admin Entity: D.C. Cir.
    Case Documents:
    Filing Date Type File Action Taken Summary
    09/08/2022 Motion to Intervene Download Motion for leave to intervene filed by Tennessee Gas Pipeline Company, L.L.C.
    08/19/2022 Petition for Review Download Petition for review filed. Challenge Filed to FERC Authorization of Natural Gas Pipeline Capacity Project in Northeast. A not-for-profit organization filed a petition for review in the D.C. Circuit Court of Appeals challenging FERC’s authorization of the East 300 Upgrade Project, which is intended to increase the natural gas capacity of an existing pipeline. The project includes modifications of existing compressor stations in Pennsylvania and New Jersey and construction of a new compressor station in New Jersey. The petitioner asserted that FERC departed from D.C. Circuit precedent requiring evaluation of reasonably foreseeable indirect air pollution and greenhouse gas emissions from fossil fuel production and transportation project. In addition, the petitioner contended that FERC failed to consider whether the projects would comply with the emissions reduction mandates of the New York Climate Leadership and Community Protection Act in the Natural Gas Act analysis of whether the project was required by the public convenience and necessity.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.