D.C. Circuit Ruling Has Potential Implications For Natural Gas Pipeline And LNG Projects Under FERC Environmental Review

A recent decision by the U.S. Court of Appeals for the District of Columbia Circuit rejected certain portions of an environmental analysis conducted by the Federal Energy Regulatory Commission (FERC or "Commission"). This turn of events is likely to cause anyone with, or planning to have, a natural gas pipeline or liquefied natural gas project before the Commission for an environmental review to take notice and to anticipate a more comprehensive and robust level of scrutiny. The follow-on implications of the decision, while not entirely known, could cause the Commission to take an in-depth look at industry activities—such as those related to natural gas production and processing—that may not upon first glance appear to be part of the proposed project under review.