Elizabeth Witmer, Chair of Saul Ewing LLP's Energy Practice, will speak at the upcoming Energy Bar Association’s 2024 Mid-Year Energy Forum in a program titled “Recent Developments at the D.C. Circuit Affecting Pipeline and LNG Authorization." Elizabeth will be on a panel with two other attorneys.
This year, the D.C. Circuit decided a number of cases that will have significant impacts on how FERC reviews applications to construct new natural gas pipeline and LNG infrastructure. The court granted several petitions for review challenging FERC several certificate orders on grounds that FERC had failed to support its finding that the pipeline was needed and that FERC had failed to adequately consider the greenhouse gas emissions associated with the projects. The court upheld FERC certificate orders in other cases, finding that FERC had adequately shown need for the projects and that its analyses of projects’ greenhouse gas were sufficient. The recent appointment of three new commissioners adds further complexity to the analysis of how these cases will affect FERC’s review of pipeline and LNG projects going forward. This panel will explore these recent cases, provide an update on ongoing litigation, and attempt to square these decisions with one another.
