Abstract
The Federal Energy Regulatory Commission's (FERC) reconsideration of its 1999 Policy Statement on New Interstate Natural Gas Facilities (Pipeline Policy) may be a window into how the Biden Administration plans to handle energy infrastructure projects and environmental issues in the future. FERC's ultimate actions will serve as an example to other federal agencies that are required to review proposed projects and actions pursuant to the National Environmental Policy Act (NEPA) of 1969. One of the more significant questions is whether FERC should be analyzing greenhouse gas (GHG) emissions and give greater weight to a project's effect on environmental justice (EJ) communities. These questions are complicated by the Council on Environmental Quality's (CEQ) new NEPA regulations which were finalized in September 2020, which in general don't require the aforementioned analyses. Also, the US District Court is reviewing petitions in Wild Virginia v. CEQ at the time of this writing, which could further complicate revisions to the Pipeline Policy.
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