Delaware Riverkeeper Network, et al. v. FERC, No. 13-1015 (D.C. Cir. 2014)
Annotate this CaseFERC issued a certificate of public convenience and necessity to Tennessee Gas, authorizing it to build and operate the Northeast Project. Riverkeeper sought review of FERC's approval of the Northeast Project under the National Environmental Policy Act (NEPA), 42 U.S.C. 431-4370h. The court held 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. The court also found that FERC's environmental assessment was deficient in its failure to include any meaningful analysis of the cumulative impacts of the upgrade projects. Therefore, the court granted the petition for review and remanded.
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