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Otsego 2000 v. Federal Energy Regulatory Commission

ELR Citation: 49 ELR 20078
Nos. 18-1188, (D.C. Cir., 05/09/2019)

The D.C. Circuit dismissed an environmental group's petition to review FERC's order granting a certificate to a pipeline company to construct and operate compression facilities for one of its projects. The group argued that FERC was required under NEPA to include an evaluation of upstream and downstream greenhouse gas emissions in its environmental review of the project. It also argued that FERC failed to provide notice or an opportunity for public comment when it announced it would no longer provide information regarding the environmental effects of upstream natural gas production and downstream combustion when it determined such impacts did not qualify as direct or indirect effects of a given project. But the court found that the group failed to identify any injury other than its expenditure of time and money related to the case, and thus lacked standing. It therefore dismissed the suit.