DC Circ. Fails To Clear The Air On FERC's Climate Duties

By Keith Goldberg (May 9, 2019, 9:26 PM EDT) -- The D.C. Circuit punted on whether the Federal Energy Regulatory Commission can legally scale back its climate change reviews of gas infrastructure projects, leaving an uneasy regulatory status quo as FERC commissioners remain stubbornly split over how climate impacts must factor into project approvals.

Proponents and opponents of natural gas projects were eager to see what the appeals court would say about FERC's May 2018 determination that it would no longer estimate greenhouse gas emissions on certain projects on which production or downstream use of the gas isn't considered a cumulative or indirect impact.

But a D.C. Circuit panel never got...

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