Description: Challenge to FERC authorization of natural gas infrastructure project in New York.
Otsego 2000 v. Federal Energy Regulatory Commission
Filing Date Type File Action Taken Summary 11/26/2018 Brief Download Petitioners' brief filed. Opening Brief in Challenge to Natural Gas Facilities in New York Argued That Evaluation of Greenhouse Gas Impacts Was Inadequate. Petitioners challenging Federal Energy Regulatory Commission (FERC) authorizations for construction, modification, and expansion of natural gas facilities associated with a transmission pipeline in New York filed an opening brief in the D.C. Circuit Court of Appeals arguing that FERC had improperly limited the scope of its evaluation of the project’s greenhouse gas emissions. The petitioners argued that FERC, in a split decision, failed to properly evaluate indirect and cumulative impacts of upstream and downstream activities. The petitioners also argued that FERC had failed to disclose the climate change impacts of the project’s greenhouse gas emissions. In addition, the petitioners contended that FERC had improperly announced, in its denial of a petition for rehearing, a new policy of not providing upper-bound estimates of downstream and upstream impacts in environmental reviews. 09/06/2018 Order Download Dominion Energy Transmission, Inc.'s motion for leave to intervene granted. 07/16/2018 Petition for Review Download Petition for review filed. Lawsuit Filed to Challenge FERC Approval for Natural Gas Infrastructure Project in New York. A local environmental organization and a married couple filed a petition in the D.C. Circuit Court of Appeals for review of FERC’s order authorizing the New Market Project, which includes expansion of an existing natural gas compressor station on a site abutting the married couple’s farm and home in New York. The petitioners asserted that FERC arbitrarily and capriciously departed from D.C. Circuit precedent requiring FERC to evaluate greenhouse gas emissions from fossil fuel production and transportation projects.