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Town of Weymouth, Massachusetts v. Federal Energy Regulatory Commission

ELR Citation: 49 ELR 20003
Nos. 17-1135, (D.C. Cir., 12/27/2018)

In an unpublished opinion, the D.C. Circuit dismissed a town's petition to review FERC's issuance of a certificate of public convenience and necessity under the Natural Gas Act authorizing upgrades to two natural gas pipelines. The town argued that the Commission violated the Act by approving a project that did not serve public convenience and necessity because the Commission ignored certain safety risks. The court found that the Commission considered each risk identified by the town in its EA. The town also argued the Commission violated NEPA by inadequately considering five types of environmental effects: coal ash, noise, traffic, greenhouse gas emissions, and the project's effects on environmental justice communities. But the court found that the Commission did adequately consider these effects, and therefore denied the town's petition.