Ferc ghg policy statement See Interim GHG Policy Statement, 178 FERC ¶ 61,108; see also Order on Draft Policy Statements, 178 FERC ¶ 61,197 at P 2 (converting the two policy statements issued on February 18, 2022, [1] See Texas Gas Transmission, LLC, 181 FERC ¶ 61,049, at P 43 (2022) (Order). As part of its broader regulatory shift, FERC also terminated its draft GHG policy statement proceeding. March 17, 2025. As we previously reported below, the Federal Energy Regulatory Commission (FERC) in February issued two new policy statements likely to have far-reaching implications for the agency’s approval of certificates of public convenience and necessity for natural gas facilities under the Natural Gas Act. The certificate policy statement and interim GHG policy statement will At the same time, FERC adopted an interim policy statement to explain how the Commission will assess the impacts of natural gas infrastructure projects on climate change in its reviews under the Natural Gas Act and the National Environmental Policy Act (NEPA). , as stating the Interim GHG Policy Statement “has shrouded FERC certificate decisions in a fog of indecision. The February 17th announcement included two separate, but closely related, policy statements. PL21-3, Consideration of Greenhouse In addition to considering environmental impacts and potential mitigation, FERC will now incorporate climate change considerations as discussed in the simultaneously issued Interim Policy Statement on FERC on Jan. The first, as described below, adds to and On February 17, 2022, the Federal Energy Regulatory Commission (FERC) announced two new policy statements intended to bolster the “legal durability” of the approval process for future natural gas projects. was not determining the significance of GHG emissions because the issue of how to do so was under consideration in the GHG [6] Before its decision in Driftwood, the Commission had explained that it was not determining the significance of GHG emissions because the issue of how to do so was under consideration in the GHG Policy Statement docket. 24 issued an order terminating its proceeding on the consideration of greenhouse gas emissions in natural gas infrastructure project reviews (PL21-3). The electricity sector is a In the Interim GHG Policy Statement, the Commission details the types of information that it would consider in determining whether approval of a project is in the public convenience and necessity. Inc. The Commission further clarified that neither policy statement will apply to pending project applications nor filed applications until the The Certificate Statement and the GHG Policy Statement mark a significant departure from these clear Congressional and legal mandates. I am concerned that the same In 2021, the proceeding sought to update FERC’s 1999 Certificate Policy Statement to incorporate GHG emissions into its “public interest” test under the Natural Gas Act (NGA). 174 (2023); Columbia Gas Transmission, LLC, 182 FERC ¶ revision of the policy in more than 20 years, and the new interim greenhouse gas (GHG) policy statement provide an analytical framework for many market, environmental and public interest issues that arise when companies seek to build new natural gas facilities. [29] See Order on Draft Policy Statements, 178 FERC ¶ 61,197 at P 2 (converting the Updated Certificate Policy Statement and the Interim GHG Policy Statement to “draft policy statements”). The Interim GHG policy statement includes the following elements: Rebuttable Presumption on Significance of Emissions. On April 19, 2018, and February 18, 2021, the Commission issued Notices of Inquiry (NOI) [] to help the Commission explore whether, and if so how, it should revise the approach established by its currently effective policy statement on the certification of new interstate natural gas transportation facilities (1999 Policy Statement) [] to 17 Updated Draft Policy Statement, 178 FERC ¶ 61,107; Draft GHG Policy Statement, 178 FERC ¶ 61,108. PL21-3, Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure Project Reviews (the Order), 1 which formally closed a docket it had initiated in 2021 to reconsider and supplement the Commission's 1999 policy Interim Greenhouse Gas Policy Statement. That is because the Commission has never seriously studied the answer to that question. Authors. We agree with one another that (1) the Commission is fully capable of determining the significance of GHG emissions, and (2) there is no reason to wait for a final GHG Policy Statement to find the emissions here insignificant when they would be deemed so under any reasonable framework The Policy Statement also formalizes a policy that previously has been the subject of case-by-case attempts to articulate a policy on GHG emissions. Nor does the Commission have any framework for describing As FERC Chairman Richard Glick stated, the Updated Policy Statement, along with the companion GHG Policy Statement, is intended to ensure that “the Commission’s natural gas siting decisions On February 18, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two controversial policy statements that will significantly impact the permitting and construction of new natural gas pipeline facilities. The first policy statement is an update to FERC’s existing 1999 policy statement on certification of natural gas pipelines, the Instead, it appears effectively to decide some of the central issues raised in the GHG Policy Statement docket. The move definitively closes the On January 24, 2025, the Federal Energy Regulatory Commission (FERC or the Commission) issued an Order Terminating Proceeding in Docket No. FERC also seeks additional comment on the Interim Policy Statement from interested parties. However, FERC determined that GHG impacts are best addressed on a case-by-case basis in individual proceedings. [12] Order, 186 FERC ¶ 61,047 at P 16. The Interim GHG Policy announces FERC's The power to reject an otherwise needed facility’s CPCN on the basis of its purported impact on global climate change unquestionably represents a major question of public policy, as I pointed out in my dissent to the then-majority’s proposed and now suspended GHG Policy Statement last year, [5] an analysis that was wholly consistent with The GHG Policy Statement articulates how FERC plans to evaluate climate change impacts of natural gas infrastructure projects in its National Environmental Policy Act (NEPA) reviews and the integration of such Federal Energy Regulatory Commission FERC issues proposed policy statement encouraging efforts to factor state (GHG) emissions. 15 for the GPX Terminal. AD20-14-000 - 3 - Initial comments were due on November 16, 2020, and reply comments were due on December 1, 2020. 174 (2023); Columbia Gas Transmission, LLC, 182 FERC ¶ Commissioner James Danly Statement February 18, 2022 Docket No. FERC recognizes that significant changes in the legal landscape have occurred since the Notice of Inquiry process began in 2018, especially proposed changes in CEQ regulations governing the [28] Interim GHG Policy Statement, 178 FERC ¶ 61,108. To date, those state policies have taken the form of regulatory . Policy Statements have been issued in many areas that fall On January 24, 2025, FERC withdrew its 2022 draft Greenhouse Gas (“GHG”) Policy Statement and terminated the associated proceeding. The Commission is issuing the Interim GHG Policy Statement to explain how it will assess the impacts of natural gas infrastructure projects on climate change in its reviews under the National Environmental Policy Act (NEPA) and the Natural Gas Act (NGA). PL21-3-000 | Errata I dissent in full from today’s Interim Greenhouse Gas (GHG) Policy Statement which purports to set forth the Commission’s procedures to evaluate the climate change impacts of proposed natural gas projects under the National Environmental Policy Act (NEPA) and to The GHG Policy Statement. The vote on the order was 3-2, with two Commissioners issuing strong dissents FERC Ends GHG Policy Review. The Policy Statement affirms that in In the Interim GHG Policy Statement, the Commission details the types of information that it would consider in determining whether approval of a project is in the public convenience and necessity On February 17, the Federal Energy Regulatory Commission (FERC) issued an updated pipeline certificate policy statement and interim greenhouse gas (GHG) emissions policy statement. , 182 FERC ¶ 61,006, at P 73 & n. CP14-554-002, CP15-16-003 & CP15-17-002 "In today’s order on remand from the United States Court of Appeals for the District of Columbia Circuit, 1 the Commission once again claims it cannot assess the significance of the downstream GHG emissions in its environmental review of the Statement of Commissioner James P. Periodically, the Commission issues Policy Statements to provide The Commission is issuing the Interim GHG Policy Statement to explain how it will assess the impacts of natural gas infrastructure projects on climate change in its reviews We seek comment on all aspects of the interim policy statement, including, in particular, on the approach to assessing the significance of the proposed project's contribution On January 24, 2025, FERC withdrew its 2022 draft Greenhouse Gas (“GHG”) Policy Statement and terminated the associated proceeding. ” FERC 4 Proposed Policy Statement, 173 FERC ¶ 61,062 at P 16. AD20-14-000 Item E-2 The Federal Energy Regulatory Commission (FERC) today issued a policy statement clarifying how it will consider market rules proposed by regional grid operators that seek to incorporate a state-determined carbon price in organized wholesale electricity markets. As part of The Federal Energy Regulatory Commission officially ended a controversial effort to revamp its greenhouse gas policy statement in a unanimous order filed Friday. Furthermore, the Interim On March 22, 2021, the Federal Energy Regulatory Commission (“FERC”), in an order approving a certificate of public convenience and necessity for an interstate natural gas pipeline project (“Order”), 1 affected a significant policy shift by formally considering climate change impacts in its approval. The Commission states that because it is “conducting a generic proceeding to determine whether and how the Commission will conduct significance FERC’s recent Interim Policy Statement, for example, details how it will consider the greenhouse gas (GHG) emissions of facilities that will transport natural gas in interstate commerce, or import or export natural gas internationally. ” It appears that FERC will consider downstream greenhouse gas emissions when making its determination. They instead elevate associated environmental factors well above the economic factors that previously guided FERC’s analysis of the public interest and public convenience and necessity under sections 3 and 7 The Updated Policy Statement on Certification of New Interstate Natural Gas Facilities (the “Updated Policy Statement”) revises how FERC “will evaluate all factors bearing on the public interest in determining whether a new interstate natural gas transportation project is required by the public convenience and necessity” under the NGA. Interim GHG Policy Statement, 178 FERC ¶ 61,108 (2022) (Danly, dissenting). FERC Formally Axes its Draft Policy Statement on Greenhouse Gas Emission Considerations for Natural Gas Act Projects Akin Gump Strauss Hauer & Feld LLP The new interim policy statement on the Consideration of Greenhouse Gas (“GHG”) Emissions in Natural Gas Infrastructure Project Reviews (“GHG Policy Statement”) describes how FERC will The Jan. The Federal Energy Regulatory Commission (FERC) today proposed a policy statement to clarify that it has jurisdiction over organized wholesale electric market rules that incorporate a state-determined carbon price in those markets. PL21-3-000) prior to the policy statement being converted to a draft. FERC will use a rebuttable presumption that proposed projects with 100,000 metric tons per year of carbon dioxide equivalent emissions will have a “significant impact on climate change. Specialist advice should be sought about your specific circumstances. The February 17th announcement included two separate, but closely related, draft policy The Updated Certificate Policy Statement will apply immediately to any pending or new certificate applications. 3d 1304 The Policy Statement also formalizes a policy that previously has been the subject of case-by-case attempts to articulate a policy on GHG emissions. PL21-3, Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure Project Reviews (the Order),[i]which formally closed a docket it had initiated in 2021 to reconsider and supplement the Commission’s 1999 policy Under the direction of Chairman Christie, President Trump's new appointee to lead the agency, the Federal Energy Regulatory Commission (FERC) issued an order revoking the draft policy statement that would have assessed the upstream and downstream greenhouse gas (GHG) emissions and associated climate change impacts of natural gas infrastructure In the Interim GHG Policy Statement, FERC established a rebuttable presumption that proposed projects with 100,000 metric tons of CO2e emissions will be deemed to have a significant impact on climate change, thereby triggering the preparation of an Environmental Impact Statement. Petree [7] Indeed, the Commission already attempted this in the Interim GHG Policy Statement (Docket No. 1 The Interim Policy The GHG Policy Statement. I concur in the decision to grant Great Basin Gas Transmission Company’s requested Natural Gas Act (NGA) section 7 [1] authorizations. M-1: Policy Statement Chairman Chatterjee Statement . By a unanimous vote at the open Commission meeting on Thursday, March 24, 2022, the Commission designated both the Updated Certificate Policy Statement and Interim GHG Policy Statement as drafts open for public comment. FERC recognizes that significant changes in the [1] Gulf South Pipeline Company, LLC, 181 FERC ¶ 61,145, at P 24 (2022) (Order). PL21-3) Then the Interim Policy Statement announces that “the Commission will quantify a project's GHG emissions that are reasonably foreseeable and have a reasonably close causal relationship to the proposed action. PL18-1-001 and PL21-3-001 - 2 - statements into “drafts”; it has not rescinded them. The interim policy, which was approved by its three Democratic nominees and voted against by its two Under this Interim Policy Statement, FERC would (a) quantify a project's GHG emissions that are reasonably foreseeable and have a reasonably close causal relationship to the proposed actions SUPPLEMENTARY INFORMATION: 1. g. FERC recognizes that significant changes in the Under the 2022 Policy Statement, FERC will no longer defer to the execution of precedent agreements in order to conclude that a particular pipeline project is necessary and therefore merits a Certificate. ’s ruling again criticizes FERC’s refusal to even try to Today obtain relevant information on indirect emissions from developers . [1] The FERC majority that voted in support of those policy statements did so, in part, based on the view that the policy statements would make future certificate orders “more durable,” that is [18] See Interim GHG Policy Statement, 178 FERC ¶ 61,108 (Danly, Comm’r, dissenting at P 22) (“And while it is not acknowledged at all in the Interim Policy Statement’s procedural history, the Commission has repeatedly stated that ‘it cannot determine a project’s incremental physical impacts on the environment caused by GHG emissions On February 18, 2021, the Federal Energy Regulatory Commission (FERC or the "Commission") issued a Notice of Inquiry (NOI) seeking "new information and additional stakeholder perspectives" on potential revisions to its policy statement on the certification of natural gas facilities. Learn how these updates impact future projects and decisions. March 14, 2018. In quantifying GHG emissions, FERC said it will consider “reasonably FERC introduces new policy statements for natural gas and LNG infrastructure, including interim greenhouse gas guidelines. The content of this article is intended to provide a general guide to the subject matter. Republican Commissioners Danly and Christie authored strong dissents to both policy And let’s get real: The entire push, dating back to the failed attempt last year to enact the draft Certificate Policy and GHG Statements, has always had one overriding goal — a goal that is fully apparent from the insistence of the current CEQ and EPA that this Commission consider both upstream and downstream non-jurisdictional activities In the Interim Greenhouse Gas (GHG) Emissions Policy Statement, FERC provides a framework for assessing the climate change impacts of gas infrastructure projects under the National Environmental Policy Act (NEPA) and the NGA. CP14-517-001 I concur with this order and write separately to clarify why I agree with the decision not to characterize the significance of the greenhouse gas (GHG) emissions associated with the proposed Variance No. AD20-14-000 Item No. As part of Periodically, the Commission issues Policy Statements to provide guidance and regulatory certainty regarding statutes, orders, rules, and regulations that the Commission administers. 24 decision withdrew the commission’s draft greenhouse gas policy statement and canceled any future proceedings, saying it would be best to consider the issues raised “on a case-by-case basis, when raised by parties to those proceedings, as the Commission has done following the issuance of the draft GHG Policy Statement. The Commission’s recent GHG Policy Statement is in part an effort to comply with its increasingly clear obligation to assess indirect emissions. At the moment, having left the GHG Policy Statement docket dormant, the Commission has no reasoned justification for finding emissions insignificant. FERC determined that, after reviewing the entire record Headlining these policies is FERC's new interim greenhouse gas (GHG) policy statement (Interim GHG Policy Statement), pursuant to which FERC will presume any gas project with 100,000 metric tons per year of carbon dioxide equivalents (CO2e) emissions to have a significant impact on climate change and will trigger the preparation of an The GHG emissions Interim Policy Statement (Interim Policy Statement) outlines how the Commission will assess the climate impacts of proposed natural gas infrastructure projects under the NGA and the National Environmental Policy Act. ”). Stakeholders with pending applications will be given the opportunity to supplement the record in their existing dockets and to explain how their proposals are consistent with the new FERC policy. In addition to providing an analytical framework for many need, environmental and public STATEMENT OF COMMISSIONER MARK CHRISTIE[1] FERC MONTHLY OPEN MEETING FEBRUARY 17, 2022 Re: CERTIFICATE POLICY and GHG ORDERS AGENDA ITEMS C-1 and C-2 Skip to main content FERC Federal Energy Regulatory Commission The Dissenting Statement in these orders will be posted on my FERC home page under In the Interim GHG Policy Statement, FERC established a rebuttable presumption that proposed projects with 100,000 metric tons of CO2e emissions will be deemed to have a significant impact on Highlights Both the Updated Certificate Policy Statement and the Interim GHG Mitigation Policy Statement take effect immediately and apply to all pending and new projects. The policy statements were approved by 3-2 vote along party lines. Below is a list of recent significant policy statements: This page was last updated on September 24, 2024. , Transcon. Nicholas E. In announcing the Interim GHG Emissions Policy Statement, FERC indicated that, in calculating downstream Certificate Policy Statement, 88 FERC ¶ 61,227, at 61,748. The GHG Policy Statement. On February 18, 2022, the Commission issued an Interim GHG Policy Statement, Consideration of Greenhouse Gas Emissions in Nat. ” This, it seems, will be fairly broad: the majority goes on to say that “[t]his will include GHG emissions resulting from The Interim GHG Policy Statement established an annual maximum threshold of 100,000 metric tons of greenhouse gas emissions for new pipeline and LNG projects, stipulating that any projects above Docket No. The Commission subsequently suspended the Interim GHG GHGs/Climate Change: In the Interim GHG Policy Statement, FERC establishes a rebuttable presumption that proposed projects with 100,000 metric tons of CO2e emissions will be deemed to have a significant impact on climate change, thereby triggering the preparation of an EIS. See, e. Updated Certificate WASHINGTON DC (01/28/2025) – Under the leadership of newly installed Chairman Mark Christie, the Federal Energy Regulatory Commission (FERC) officially ended its misguided effort to revise its greenhouse gas policy FERC had issued the policy statement in February 2022, explaining it would presume projects with estimated GHG emissions of at least 100,000 metric tons of carbon dioxide equivalent per year will [9] Docket No. Policy Statements typically discuss the factors that the Commission will use to evaluate future proceedings. FERC, 753 F. FERC released the Interim GHG Policy Statement on February 18, 2022, 1 pursuant to its authority vested by the National Environmental Policy Act (NEPA) and the Natural Gas Act (NGA). PL21-3. Gas Pipe Line Co. Headlines. [11] Id. In the GHG Policy Statement, FERC states that, because human-made GHG emissions “are the primary cause of climate change” and “GHG emissions are released in large FERC Staff issues Agenda & Notice for the Workshop on Supply Chain Risk Management Reliability Standards. On February 18, 2022, FERC issued an Interim Policy Statement proposing sweeping changes to the Commission’s procedures for evaluating climate impacts of natural gas infrastructure On February 18, 2022, the Federal Energy Regulatory Commission issued sweeping policy changes to its certificate review process for new natural gas transportation On January 24, 2025, the Federal Energy Regulatory Commission (FERC or the Commission) issued an Order Terminating Proceeding in Docket No. Docket No. We agree with one another that (1) the Commission is fully capable of determining the significance of GHG emissions, and (2) there is no reason to wait for a final GHG Policy Statement to find the emissions here insignificant when they would be deemed so under any reasonable framework Updated March 28, 2022. Interim GHG Policy Statement (PL21-3) Docket No. Both statements go into effect immediately, impacting new and pending interstate pipeline projects. 1 The NOI invites comments on new and revised questions that "modify The Federal Energy Regulatory Commission (FERC) recently issued a policy statement directed towards carbon pricing. Both policy statements were approved by a 3-2 majority with Republican Commissioners Danly and Christie dissenting. Danly February 16, 2023 CP22-141-000. FERC determined that, after reviewing the entire On January 24, 2025, the Federal Energy Regulatory Commission (FERC or the Commission) issued an Order Terminating Proceeding in Docket No. This policy statement, issued April 15, 2021, clarifies how FERC will evaluate Federal Power Act (FPA) section 205 filings that seek to incorporate state-determined carbon prices in organized wholesale electricity markets operated by Commissioner Richard Glick Statement. . The attached Appendix identifies the names of those that adopting policies to reduce greenhouse gas (GHG) emissions. 18 Historically, Commission policy has been to assess need on the basis of “market A FERC policy statement is essentially a guideline for how FERC plans to approach consideration of a given issue. GHG Policy Statement (Docket No. 6 Initially, both Policy Statements were made eff ective immediately and applied to all future and currently pending applications. In the GHG Policy Statement, FERC states that, because human-made GHG emissions “are the primary cause of climate change” and “GHG emissions are released in large [6] Before its decision in Driftwood, the Commission had explained that it was not determining the significance of GHG emissions because the issue of how to do so was under consideration in the GHG Policy Statement docket. , finding that even relatively minor GHG emissions pose a significant threat on the environment. In the GHG Policy Statement, FERC states that, because human-made GHG emissions “are the primary cause of climate change” and “GHG emissions are released in large For example, FERC will consider information indicating that other suppliers would be able to meet some or all of the needs to be served by the proposed project on a timely, competitive basis or whether other factors may eliminate or curtail Second, FERC announced a draft Interim Policy Statement on Consideration of Greenhouse Gas Emissions (GHG Policy), detailing a new framework for greenhouse gas (GHG) and environmental impact The concurrence by the three sitting Democratic Commissioners on the Interim GHG Policy Statement suggests that they are assuaged by the growing body of federal court case law dictating that the agency consider GHG emissions during natural gas infrastructure reviews in compliance with the NGA and the National Environmental Policy Act (NEPA). Gas Infrastructure Project Revs. [13] See id. , 178 FERC ¶ 61,108 (2022), which proposed a NEPA significance threshold of 100,000 tons per year of CO2e. Docket Nos. However, following strong opposition from Congress, FERC downgraded the policy to a The draft GHG policy statement, on the other hand, purports to explain how FERC will assess the impacts of natural gas infrastructure projects on climate change in reviews conducted under the The Policy Statement also formalizes a policy that previously has been the subject of case-by-case attempts to articulate a policy on GHG emissions. The policy statements were each approved by a 3-2 majority with Commissioners Danly and Christie issuing separate dissents. 174 (2023); Columbia Gas Transmission, LLC, 182 FERC ¶ FERC has issued two policy statements, providing guidance for future consideration of natural gas projects by the Commission. FERC also said it will consider a project’s “reasonably Docket No. [8] Before its decision in Driftwood, the Commission had explained that it was not determining the significance of GHG emissions because the issue of how to do so was under consideration in the GHG Policy Statement docket. I do not know whether the Social Cost of GHGs protocol or another tool can or should be used to determine significance. In February 2022, FERC introduced an interim policy outlining how it would assess carbon dioxide emissions from gas projects. A FERC policy statement is essentially a guideline for how FERC plans to approach consideration of a given issue.
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