Abstract
Late in 2023, Keith Goldberg from Law360 wrote that 2024 would be a year where the courts could show the Federal Energy Regulatory Commission (FERC) the way out of its dilemma regarding how to certificate new natural gas pipelines in an era dominated by climate change exigencies. He described three cases where the courts could do so—one involving a pipeline upgrade to New York City and two others dealing with short pipelines tied to liquefied natural gas (LNG) export facilities in the U.S. Gulf Coast.1 To Goldberg, there are “signs that courts are growing impatient with the agency's continued lack of clarity on how it conducts [climate impact] reviews” tied to its pipeline certification duties. The courts need to intervene. FERC has quite evidently lost its way.
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