People like Donald Trump, and Vladimir Putin, for that matter, have a tough time getting it that in a nation of laws – it is not enough for a potentate to simply declare that an illegal, unnecessary, expensive thing be done.
You have to work your way thru a legal and administrative framework that has, in the case of environmental law, been built up over, now, many decades, with generations of legal precedent undergirding it.
Unwinding that is going to take time. Time, that the current administration, it is increasingly clear, may not have.
Keith Schneider, above, is a long time New York Times correspondent, now a writer for the NGO Circle of Blue on the nexus of water and energy. He is one of the most well informed and well spoken observers in the field, and a key resource for my upcoming vid on the way forward Post-Paris.
An appeals court on Tuesday rejected the federal government’s approval of a natural gas pipeline project in the southeastern U.S., citing concerns about its impact on climate change.
In a 2-1 ruling, the Court of Appeals for the District of Columbia Circuit found that the Federal Energy Regulatory Commission (FERC) did not properly analyze the climate impact from burning the natural gas that the project would deliver to power plants.
The ruling is significant because it adds to environmentalists’ arguments that analyses under the National Environmental Policy Act — the law governing all environmental reviews of federal decisions — must consider climate change and greenhouse gas emissions.
The case concerns the Southeast Market Pipelines Project, which is meant to bring gas to Florida to fuel existing and planned power plants.
The Sierra Club sued FERC following its 2016 approval of the project. The environmental group brought a series of objections to the project and its environmental review, but the court denied all of the objections except the one focused on greenhouse gas.
The environmental impact statement for the project “should have either given a quantitative estimate of the downstream greenhouse emissions that will result from burning the natural gas that the pipelines will transport or explained more specifically why it could not have done so,” Judge Thomas Griffith, who was nominated to the court by President George W. Bush, wrote in the opinion. He was joined by Judge Judith Ann Wilson Rogers, one of President Bill Clinton‘s nominees.
“As we have noted, greenhouse-gas emissions are an indirect effect of authorizing this project, which FERC could reasonably foresee, and which the agency has legal authority to mitigate,” Griffith said.
Continue reading “Court Pinches Pipeline on Climate Caution”






