D.C. Circuit Vacates And Remands FERC Order Approving Pipeline Project

On August 22, 2017, a divided panel of the U.S. Court of Appeals for the District of Columbia Circuit vacated and remanded an Order by the Federal Energy Regulatory Commission ("FERC") approving construction and operation of the Southeast Market Pipelines Project. The decision was granted in response to an appeal from environmental groups. A group of landowners also filed an appeal, which was denied.

The Southeast Market Pipelines Project involves three separate interstate natural gas pipelines currently being constructed in Alabama, Georgia, and Florida. The project's overall aim is to serve the growing natural gas demand of Florida's power plants.

The petitioners challenged FERC's environmental review of the project under the National Environmental Policy Act ("NEPA") on various grounds. The Court held that FERC did not adequately consider the indirect effects of downstream greenhouse gases in its NEPA review. Specifically, the Court determined that, given