New York AG Sent Letter to FERC on Greenhouse Gas Emissions from Natural Gas Projects

JULY 10, 2018

New York Attorney General Barbara Underwood sent a letter to the Federal Energy Regulatory Commission (FERC) sharply critical of the commission’s decision to deny a rehearing on its certificate of public convenience and necessity issued to Dominion Transmission, Inc. The decision represented “a sudden and unprompted departure” from FERC’s practice of evaluating the environmental impact of greenhouse gas emissions, wrote Underwood. The letter goes on to detail concerns that the decision was designed to shield FERC from further judicial review, suggesting that the agency has “pre-judged the outcome” of its proceeding soliciting comments on the evaluation of greenhouse gas emissions for future pipelines. The letter concluded by demanding FERC “disavow the majority opinion of the Rehearing Denial” and “limit the determination” of its decision in order to “preserve the integrity” of its own proceeding.