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Court Rejection Of Pipeline GHG Challenge Underscores Limits Of NEPA

August 7, 2019
A recent appellate decision upholding the adequacy of federal energy regulators’ greenhouse gas review of the Atlantic Sunrise natural gas pipeline shows the limits of the National Environmental Policy Act (NEPA) and environmentalists’ efforts to use the law to challenge agency approvals. One industry lawyer notes that NEPA is a largely procedural statute that requires agencies to disclose and consider mitigating the environmental effects of their decisions. If agencies follow NEPA requirements to consider and disclose projects’ effects, “then they...

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