The scope of environmental “cumulative impact” extends only so far. So said the U.S. Court of Appeals for the Second Circuit in its recent decision of Coalition for Responsible Growth and Resource Conservation v. U.S. Federal Energy Regulatory Commission (FERC). The ruling is an important victory for the country’s energy sector because it clarifies that energy companies will not be held to unreasonable terms under the National Environmental Policy Act (NEPA).
The case arises from a petition filed by Earthjustice and other environmental organizations challenging an order issued by FERC allowing the Central New York Oil And Gas Company to build a natural gas pipeline in north central Pennsylvania. Robert J. Alessi and Jeffrey D. Kuhn of DLA Piper have written a very thorough background of the case here, so I’ll just mention a few of the more important details. Continue reading “Appeals Court Properly Rejects Activists’ Effort to Impede Domestic Energy Development”