Lifetime Citizen Portal Access — AI Briefings, Alerts & Unlimited Follows
FERC chair: commission will respond to court remands on gas orders and NEPA as legal landscape evolves
Loading...
Summary
Chairman Phillips said FERC is streamlining responses to court remands involving natural gas and NEPA, signaled confidence that past orders are legally durable and said the commission's general counsel will advise on whether additional steps are needed after a recent DC Circuit decision.
Asked whether recent court remands and a DC Circuit decision involving NEPA change the commission's priorities, Chairman Phillips said FERC is focused on responding efficiently to remands and monitoring the changing legal landscape affecting natural gas orders.
Phillips told reporters the commission has been "focused on streamlining our efforts to respond to project requests, remands from the court back to the commission," and that staff incorporate legal developments into their decision‑making. She said she believes the commission "has legally durable orders" and that the agency stands by the rulings it has issued, though several have been challenged in court.
The chair acknowledged awareness of a recent DC Circuit case described by a reporter as involving a mayor and Audubon, and she said she is working with the commission's general counsel to determine whether FERC must take additional steps to incorporate the court's decision into its processes. Phillips offered to make the general counsel available for more detailed legal questions.
Why it matters: Court remands and judicial rulings on environmental review under the National Environmental Policy Act (NEPA) can require agencies to revisit analyses, alter permitting timelines and increase litigation risk for proposed projects. Phillips said the commission is preparing to address such remands while seeking to produce legally durable orders.
