Center for Biological Diversity v. FERC, No. 20-1379 (D.C. Cir. 2023)
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The Alaska Gasline Development Corporation sought authorization to build and operate a system of natural gas facilities. After the Federal Energy Regulatory Commission granted that authorization, the Center for Biological Diversity and the Sierra Club (collectively, “CBD”) petitioned the DC Circuit for review.
The DC Circuit dismissed the petition in part and denied it in part. The court explained that in approving the Alaska Liquid Natural Gas Project, the Commission complied with the NGA, NEPA, and the APA. CBD failed to provide any reason for the court to disturb the Commission’s reasonable determinations. Further, the court explained that the Commission properly assessed the cumulative impacts on beluga whales. CBD may disagree with the Commission’s policy choice to approve the Project, but the Commission comported with its regulatory obligations. To the extent the issues raised in the petition for review were not exhausted, the court dismissed the petition for lack of jurisdiction
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