Shale Energy Law Blog
Specifically, opponents asserted that the Commission: i) improperly conducted its environmental impact statement under the National Environmental Policy Act (“NEPA”); ii) failed to substantiate market need for the Project as required by the Natural Gas Act; and iii) denied them due process by authorizing construction to commence before the issuance of the Certificate Order could be judicially reviewed.
The D.C. Circuit found that FERC’s NEPA analysis was acceptable, and that FERC appropriately considered individual utility and the reasonableness of the pipeline route; substantiated the requisite market need; and that due process was not denied. The court also found that opponents made no claim that they were deprived of a meaningful opportunity to be heard as part of the FERC certificate process.
Ultimately, the Court denied the petitions for review and deferred to the Commission’s decision to approve the Atlantic Sunrise Project expansion and operation.