DC Circ. Misses Opportunity To Clarify NEPA Guideposts

Law360, New York (July 14, 2014, 10:23 AM EDT) -- On June 6, 2014, the D.C. Circuit issued an opinion in Delaware Riverkeeper Network, et al. v. FERC, holding that the Federal Energy Regulatory Commission acted improperly in separately analyzing the environmental impacts of several nominally separate interstate natural gas pipeline projects, rather than treating them as one interrelated project in its review of project environmental impacts under the National Environmental Policy Act. The court remanded the case to FERC with directions to conduct a further environmental review of four interdependent pipeline upgrade projects and, in particular, to consider their cumulative environmental impacts....

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