Food & Water Watch v. Federal Energy Regulatory Commission
United States Court of Appeals for the District of Columbia Circuit
28 F.4th 277 (2022)
- Written by Sean Carroll, JD
Facts
Tennessee Gas Pipeline Company (Tennessee Gas) petitioned the Federal Energy Regulatory Commission (FERC) (defendant) for a certificate of public convenience and necessity to extend a natural-gas pipeline and build a compressor station. FERC asked Tennessee Gas about the intended ultimate use of the gas to be transported. Tennessee Gas responded that it would supplement existing commercial and residential connections. FERC completed an environmental-impact assessment (EIS) and determined that the project would not significantly affect the environment. FERC held that the information in the record on downstream uses of the gas was too generalized to enable it to determine any indirect environmental effects. Thus, FERC held that any effects on downstream consumption and thus the greenhouse-gas emissions were not reasonably foreseeable. FERC issued an order approving the project. Food & Water Watch (plaintiff) petitioned for review of the FERC order, claiming that FERC did not properly consider indirect effects of the project.
Rule of Law
Issue
Holding and Reasoning (Srinivasan, J.)
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