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ARTICLE · 20 JANUARY 2023

CEQ's Interim Guidance On GHG And Climate Change: Considerations For FERC-Regulated Natural Gas Infrastructure Developers

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The Council on Environmental Quality (CEQ) recently issued interim "National Environmental Policy Act (NEPA) Guidance on Consideration of Greenhouse Gas (GHG) Emissions and Climate Change"...

United StatesEnvironment
Emily P. Mallen
Emily P. Mallen
Kenneth J. Markowitz
Kenneth J. Markowitz
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The Council on Environmental Quality (CEQ) recently issued interim "National Environmental Policy Act (NEPA) Guidance on Consideration of Greenhouse Gas (GHG) Emissions and Climate Change" (the "Interim Guidance") to assist federal agencies in analyzing greenhouse gas and climate change effects of their proposed actions under NEPA.1 While subject to change following a public comment period that closes on March 10, 2023, the Interim Guidance is effective immediately.

The Interim Guidance has significant implications for natural gas infrastructure regulated by the Federal Energy Regulatory Commission (FERC), including interstate pipelines seeking certifications under Natural Gas Act (NGA) section 7, and natural gas imports and exports as well as liquefied natural gas (LNG) terminals seeking authorizations under section 3. FERC approvals are "federal actions" subject to NEPA review. The sufficiency of FERC's NEPA review for natural gas infrastructure projects has been

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