3 Ways FERC Could Increase Pipeline Review Transparency

Law360 (May 23, 2018, 3:42 PM EDT) -- On April 19, the Federal Energy Regulatory Commission issued a notice of inquiry soliciting public comments on whether to revise its long-standing policy governing the processing and approval of new natural gas pipeline facilities under Section 7 of the Natural Gas Act. Although this opens the floodgates to public comment on very contentious issues, it is unlikely to result in significant changes in the process.

FERC has issued less than two dozen NOIs in the past decade. Typically, this is a vehicle used by FERC to highlight regulatory problems and offer possible solutions for public input. For example, in a 2016 NOI,...

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