April 30 (Reuters) - A U.S. appeals court on Tuesday
upheld federal approvals for a natural gas pipeline system
expansion project in Louisiana and Mississippi, rejecting
environmentalists' claims that the government performed an
insufficient review of its climate harms.
A unanimous three-judge panel of the U.S. Circuit Court of
Appeals for the D.C. Circuit held that the Federal Energy
Regulatory Commission (FERC) was right to determine the
Evangeline Pass Expansion Project is functionally separate from
four related gas infrastructure developments being developed
independently. FERC therefore did not need to analyze their
emissions together, the D.C. Circuit said.
The Kinder Morgan ( KMI )-backed project would expand existing
pipelines to feed more fuel to Venture Global's Plaquemines
liquefied natural gas export terminal in the Gulf of Mexico.
The Sierra Club and Healthy Gulf said in their 2022 lawsuit
seeking to vacate FERC's approvals that the expansion and the
related projects - new pipeline infrastructure projects that
connect to the same export terminal and to the terminal itself -
would together cause a massive release of greenhouse gas
emissions.
But the D.C. Circuit said on Tuesday that since the other
projects have separate ownership and would likely be built
anyway, FERC was not obligated under federal environmental
review laws to consider their collective emissions when issuing
approvals.
The environmental groups, Kinder Morgan ( KMI ) and FERC didn't
immediately respond to requests for comment.
The projects are all part of a major build up of LNG export
capacity in the Gulf. The U.S. last year became the world's
largest LNG exporter, and that capacity is expected to double
before the decade ends.
The environmental groups had argued FERC violated the
National Environmental Policy Act when it segmented its analysis
of Evangeline Pass' environmental harms from the other projects.
The groups said the projects are connected because the
terminal won't be able to export gas without supply from the
pipelines, and the pipelines wouldn't have anywhere to put the
gas without the terminal.
FERC had argued in court that the cumulative analysis
demanded by the environmental groups wasn't necessary because
the individual projects would likely proceed regardless of
whether the Evangeline Pass project is approved.
The Evangeline Pass expansion is currently under
construction. Work on the Plaquemines terminal is also ongoing
and its first exports are expected later this year.
The case is Alabama Municipal Distributors Group v. Federal
Energy Regulatory Commission, U.S. Circuit Court of Appeals for
the D.C. Circuit, lead case No. 22-1101.
For the environmental challengers: Nathan Matthews and
Rebecca McCreary of the Sierra Club
For FERC: Matthew Christiansen of FERC