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Appeals court voids United States firm's approval of mid-Atlantic gas job

A U.S. appeals court on Tuesday threw away a federal regulator's approximate and capricious approval of a new $1 billion natural gas job going through five midAtlantic states and intended to serve 3 million clients.

Agreeing with six environmental groups and 8 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 Growth Project prepared by Transcontinental Gas Pipe Line, an unit of Williams Cos.

. Circuit Judge J. Michelle Childs composed for a three-judge panel, whose members were judicially selected by Democratic presidents, that FERC should have much better evaluated the risk of significant greenhouse gas emissions, and how the Williams unit may minimize them.

She also stated FERC did not properly consider the general public interest, citing its failure to adequately review New Jersey laws developed to advance the state's clean energy objectives, and whether the state required more capability

Childs pointed to two research studies that stated present capacity. would suffice beyond 2030.

About three-quarters of gas from the proposed task would go to New Jersey consumers, with the rest going to Delaware, Maryland, New York and Pennsylvania. The appeals court returned the matter to FERC for suitable action.

FERC decreased to comment. Williams and Transco's lawyers did not right away react to ask for comment.

The ecological groups consisted of the New Jersey Conservation Structure, Delaware Riverkeeper Network and Sierra Club, and had viewed FERC's approval as a rubber stamp.

Their attorney, Moneen Nasmith of Earthjustice, stated Tuesday's. choice made it clear that FERC's longstanding flawed. rationale that personal agreements for capacity demonstrate a. public requirement for a gas task is no longer sound.

In opposing FERC, the eight states led by New Jersey and. Washington mentioned their crucial interest in minimizing. greenhouse gas contamination and enforcing their clean energy laws.

Circuit Judges Cornelia Pillard and Brad Garcia were. likewise 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.

(source: Reuters)