Attachment Issues: FERC’s Broad Authority to Attach Conditions to Pipeline Project Approvals

Abstract

America annually consumes enough natural gas to fill Lake Erie nearly twice. The Federal Energy Regulatory Commission (FERC) approves the interstate pipelines moving the majority of this gas. This Article argues that FERC has and should use its considerable authority to impose robust conditions on the interstate pipelines it approves. Part I examines the history of FERC's conditioning authority. Part II argues that imposing conditions is a nimbler tool than denials of pipeline projects and is more resilient to both the major questions doctrine and the vicissitudes of Congress. Part III proposes several conditions for future projects.