FERC Not Required to “Second Guess” State Energy Choices Under NEPA
Yesterday the U.S. Court of Appeals for the D.C. Circuit, in Citizens Action Coalition of Indiana v. FERC, rejected Citizens Actions claim that FERC had to consider alternatives to state-approved natural gas turbines before approving a natural gas pipeline. The opinion, written by Judge Rao, explains why such a requirement would impose far broader environmental review obligations than can be justified, and may represent a trimming of the D.C. Circuit’s unduly expansive approach to NEPA (an approach currently under review by the Supreme Court in Seven County Infrastructure Coalition v. Eagle County, Colorado).
Here’s how Judge Rao summarizes the opinion:
As night follows day, an environmental challenge follows the approval of a natural gas pipeline. In this case, the State of Indiana approved a plan that would retire a coal-fired facility and replace it with wind and solar energy sources. To ensure grid reliability with the move to renewable energy, the plan also included two new natural gas turbines. The Federal Energy Regulatory Commission approved a natural g
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