This successful challenge to the Federal Energy Regulatory Commission’s (FERC) refusal to consider the cumulative impacts of its approved projects is huge! It’s been the major stumbling block to appealing the Commission’s entire approval process! Major kudos to the Delaware Riverkeeper Network, the NJ Sierra Club and New Jersey Highlands Coalition:
In a decision issued June 6, 2014, the United States Court of Appeals for the District of Columbia, ruled that the Delaware Riverkeeper Network, the NJ Sierra Club and New Jersey Highlands Coalition were correct in their legal challenge to the Tennessee Gas Pipeline Company’s Northeast Upgrade Project and ordered additional analysis and review. The Court stated: “On the record before us, we hold that in conducting its environmental review of the Northeast Project without considering the other connected, closely related, and interdependent projects on the Eastern Leg, FERC impermissibly segmented the environmental review in violation of NEPA. We also find that FERC’s EA is deficient in its failure to include any meaningful analysis of the cumulative impacts of the upgrade projects. We therefore grant the petition for review and remand the case to the Commission for further consideration of segmentation and cumulative impacts.” – (Read more….)
