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Must FERC Weigh GHG Emissions In Pipeline Reviews?

Law360 (April 19, 2018, 11:58 AM EDT) -- U.S. Department of Transportation v. Public Citizen[1] lays down an important limiting principle under the National Environmental Policy Act on the extent to which a federal agency must consider indirect environmental effects in completing NEPA-required reviews of planned agency action. It holds that unless an agency has statutory authority categorically to prevent a particular environmental effect, its order cannot be viewed as a legally relevant cause of that effect, thus relieving it of any obligation to gather or consider information on the effect.[2]

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