July 30 (Reuters) - A U.S. appeals court on Tuesday
threw out a federal regulator's "arbitrary and capricious"
approval of a new $1 billion natural gas project running through
five mid-Atlantic states and intended to serve 3 million
customers.
Agreeing with six environmental groups and eight U.S.
states, the D.C. Circuit Court of Appeals said the Federal
Energy Regulatory Commission did not properly address objections
to the Regional Energy Access Expansion Project planned by
Transcontinental Gas Pipe Line, a unit of Williams Cos ( WMB ).
Circuit Judge J. Michelle Childs wrote for a three-judge
panel, whose members were judicially appointed by Democratic
presidents, that FERC should have better assessed the risk of
significant greenhouse gas emissions, and how the Williams unit
might reduce them.
She also said FERC did not properly consider the public
interest, citing its failure to adequately review New Jersey
laws designed to advance the state's clean energy goals, and
whether the state needed more capacity.
Childs pointed to two studies that said current capacity
would suffice beyond 2030.
About three-quarters of gas from the proposed project would
go to New Jersey customers, with the rest going to Delaware,
Maryland, New York and Pennsylvania. The appeals court returned
the matter to FERC for "appropriate action."
FERC declined to comment. Williams and Transco's lawyers did
not immediately respond to requests for comment.
The environmental groups included the New Jersey
Conservation Foundation, Delaware Riverkeeper Network and Sierra
Club, and had viewed FERC's approval as a rubber stamp.
Their lawyer, Moneen Nasmith of Earthjustice, said Tuesday's
decision "made it clear that FERC's longstanding flawed
rationale that private contracts for capacity demonstrate a
public need for a gas project is no longer sound."
In opposing FERC, the eight states led by New Jersey and
Washington cited their "critical interest" in reducing
greenhouse gas pollution and enforcing their clean energy laws.
Circuit Judges Cornelia Pillard and Brad Garcia were
also on the appeals court panel. Pillard is an appointee of
former President Barack Obama. Childs and Garcia were appointed
by President Joe Biden.
The case is New Jersey Conservation Foundation et al v FERC,
D.C. Circuit Court of Appeals, No. 23-1064.