Environmental and Natural Resources

FERC Adopts Favorable Buckeye XPress Environmental Assessment; Greenhouse Gas Emissions Not A Prohibitive Factor

By Kelly Daly, Farris Gillman, and Fabian Eichentopf[1] On January 23, 2020, the Federal Energy Regulatory Commission (FERC) adopted the Office of Environmental Projects’ (OEP) Environmental Assessment (EA) of Buckeye XPress, concluding that the project will have “no significant impact” on “the quality of the human environment.”[2]  The EA conditions approval on adherence to all […]

| 2 min read | Tagged: , , , ,
KD
FG
Former Associate

FERC Asserts Authority: Declaratory Order Says Eminent Domain Exempted From State Sovereign Immunity

By Kelly Daly, Farris Gillman, and Fabian Eichentopf[1] In a recent declaratory order, the Federal Energy Regulatory Commission (“FERC”) asserted the right of its certificate holders to “exercise eminent domain authority over state-owned land.”[2]  The Natural Gas Act (“NGA”) provides that “[w]hen any holder of a certificate . . . cannot acquire by contract . […]

| 3 min read | Tagged: , , , , , ,
KD
FG
Former Associate