Interstate Natural Gas Pipeline Siting: FERC Policy and Issues for Congress
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Interstate Natural Gas Pipeline Siting:
FERC Policy and Issues for Congress
Updated June 9, 2022
Congressional Research Service
https://crsreports.congress.gov
R45239
Interstate Natural Gas Pipeline Siting: FERC Policy and Issues for Congress
Summary
Growth in U.S. natural gas production has driven the development of new pipelines from
producing regions to consuming markets. Over 300,000 miles of transmission pipeline already
transport natural gas across the country. However, if domestic natural gas trends continue, the
need for new pipelines could still be substantial. As a result of military conflict in Europe,
demand for U.S. liquefied natural gas exports is growing as well, which is driving associated
natural gas infrastructure development. This new infrastructure could amount to several thousand
miles of new interstate pipeline and on the order of $40 billion in capital investment.
Under the Natural Gas Act (NGA), companies seeking to build interstate natural gas pipelines
need certificates of public convenience and necessity from the Federal Energy Regulatory
Commission (FERC). The commission’s regulatory process for certificate applications consists of
pre-filing, certificate application, application review (including environmental review),
authorization, and post-certificate proceedings. Several aspects of FERC’s review practices have
been the subject of FERC dissent, debate in Congress, or litigation. Key challenges to FERC
certification involve environmental review, evaluating project need, review timing, relations with
other agencies, changes in industry structure, export issues, environmental justice, and public
participation. The Bush, Obama, Trump, and Biden Administrations issued executive orders
intended to change federal permitting of infrastructure, specifically including energy
infrastructure. Exactly how these orders may have affected natural gas pipeline siting is not clear.
Pipeline expansion has prompted numerous congressional hearings and legislative proposals
regarding FERC’s role in natural gas pipeline siting. At least a dozen related bills have been
introduced in the 117th Congress, including the FREE American Energy Act (S. 3982), the
ENSURE Act (S. 3908), the Energy Freedom Act (S. 3762, H.R. 7094), the Rebuild America
Now Act (S. 1254), the Landowner Fairness Act (S. 641), the Ukraine Assistance and American
Energy Acceleration Act (H.R. 7012), a bill addressing pipeline landowners’ rights (H.R. 2889),
the SAFER Pipelines Act of 2021 (H.R. 2115), the Promoting Interagency Coordination for
Review of Natural Gas Pipelines Act (H.R. 1616), the CLEAN Future Act (H.R. 1512), the
Ending Natural Gas Companies’ Seizure of Land for Export Profits Act (S. 655), and the
Environmental Justice Mapping and Data Collection Act of 2021 (H.R. 516).
On February 17, 2022, FERC issued two statements updating its policies for the certification of
natural gas pipelines. The first established a new policy “to provide a more comprehensive
analytical framework” for how FERC would evaluate certificate applications. The second
established FERC’s interim policy for evaluating the greenhouse gas impacts of proposed
pipelines and described how FERC would “integrate climate considerations into its public interest
determinations.” On March 24, 2022, facing criticism of these new policies, FERC redesignated
both policy statements as drafts and invited additional comments. The commission has not stated
if or when it intends to reissue revised policy statements. The draft statements will not apply to
pending or new permit applications before FERC issues final guidance.
FERC’s policy proceedings cover key congressional concerns as well as issues arising in
certificate reviews and litigation. While FERC’s policy proceedings do not guarantee any
particular changes to gas pipeline certification, they may provide valuable information and
context for congressional oversight. If Congress disagrees with FERC’s future policy choices
based on the findings of its policy proceedings, those findings could provide an informed basis
and clearer context for subsequent legislative proposals. FERC’s policy options may apply only
to those aspects of gas pipeline regulation which fall directly within the commission’s statutory
authority under the NGA or within its discretion under other federal statutes.
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Interstate Natural Gas Pipeline Siting: FERC Policy and Issues for Congress
Contents
Introduction ..................................................................................................................................... 1
A Growing Gas Pipeline Network ................................................................................................... 2
FERC Pipeline Certification Process............................................................................................... 4
Application Pre-Filing............................................................................................................... 4
Certificate Application and FERC Review ............................................................................... 5
Environmental Review Under NEPA.................................................................................. 6
Certificate Authorities ............................................................................................................... 7
Post-Certificate Proceedings ..................................................................................................... 8
Gas Pipeline Siting Challenges ....................................................................................................... 9
Identifying Indirect Environmental Impacts ............................................................................. 9
Evaluating Project Need ........................................................................................................... 11
Timing and Relations with Other Agencies ............................................................................ 13
Changes in the Domestic Gas Industry Structure.................................................................... 14
Natural Gas Infrastructure for Export ..................................................................................... 15
Environmental Justice ............................................................................................................. 16
Public Participation ................................................................................................................. 17
Recent Executive Orders ............................................................................................................... 17
Executive Order 13212 ........................................................................................................... 18
Executive Order 13604 ........................................................................................................... 18
Executive Order 13766 ........................................................................................................... 19
Executive Order 13777 ........................................................................................................... 19
Executive Order 13783 ........................................................................................................... 19
Executive Order 13807 ........................................................................................................... 20
Executive Order 13868 ........................................................................................................... 20
Executive Orders 13990, 13992, and 14008 ........................................................................... 21
Legislative Proposals ..................................................................................................................... 21
Proposals in Prior Congresses ................................................................................................. 22
Legislative Proposals in the 117th Congress ............................................................................ 22
FERC’s Policy Review .................................................................................................................. 24
Reopening the Policy Review ................................................................................................. 24
Issuance of New Policy Statements ........................................................................................ 26
Reaction and Reconsideration ................................................................................................. 26
Policy Issues for Congress............................................................................................................. 27
Figures
Figure 1. U.S. Natural Gas Transmission Pipelines ........................................................................ 3
Figure 2. U.S. Natural Gas Transmission Pipeline Mileage Additions and Expansions ................. 4
Tables
Table 1. Current Legislative Proposals Involving FERC Certification of Pipelines ..................... 22
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Interstate Natural Gas Pipeline Siting: FERC Policy and Issues for Congress
Table A-1. Past Legislative Proposals to Change FERC Certification of Pipelines ...................... 29
Appendixes
Appendix. Past FERC Permit Legislative Proposals ..................................................................... 29
Contacts
Author Information........................................................................................................................ 33
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Interstate Natural Gas Pipeline Siting: FERC Policy and Issues for Congress
Introduction
On February 17, 2022, the Federal Energy Regulatory Commission (FERC) issued two
statements updating its policies and procedures for the certification (permitting) of interstate
natural gas pipelines and associated natural gas infrastructure. The first statement, Certification of
New Interstate Natural Gas Facilities, established a new policy “to provide a more
comprehensive analytical framework” for how FERC would evaluate certificate applications.1
The second statement, Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure
Project Reviews, established the commission’s interim policy for evaluating the greenhouse gas
(GHG) impacts of proposed gas pipeline projects and described how FERC would “integrate
climate considerations into its public interest determinations.”2 On March 24, 2022, facing
criticism of these new policies and requests for rehearing, FERC issued an order redesignating
both policy statements as drafts and inviting additional comments.3 The commission has not
stated if or when it intends to reissue revised policy statements based on these proceedings.
The United States is the world’s largest producer of natural gas.4 Policy changes by FERC
affecting natural gas infrastructure could have significant implications related to U.S. natural gas
resource development, prices, and associated environmental and social impacts. They also could
have implications for the expansion of U.S. liquefied natural gas (LNG) exports, which have
become a priority of the Biden Administration due to Russia’s invasion of Ukraine. For these
reasons, FERC’s policies are the subject of scrutiny within Congress and among a wide range of
stakeholders.
FERC’s new policy statements were intended to supersede the commission’s 1999 Policy
Statement on Certification of New Interstate Natural Gas Pipeline Facilities—which remains in
effect.5 The 2022 policy statements and subsequent order continue the commission’s February
2021 Notice of Inquiry (NOI) process to reconsider its gas pipeline certification policies and
procedures.6 They are the latest developments in a series of legislative proposals, executive
orders, court rulings, and commission orders which address the federal regulation of gas pipeline
permitting. FERC’s inquiry process has provided both advocates and opponents of natural gas
pipeline development an opportunity to express their views about how the commission considers
such projects. The proceedings may also highlight issues of focus for future congressional
oversight and legislation.
1 Federal Energy Regulatory Commission (FERC), Certification of New Interstate Natural Gas Facilities, Docket No.
PL18-1-000, February 18, 2022, p. 38. (Hereinafter, FERC 2022 Draft Policy Statement.)
2 FERC, Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure Project Reviews, Docket No.
PL21-3-000, February 18, 2022. (Hereinafter, FERC 2022 Draft GHG Interim Policy Statement.) Although this policy
statement was issued as an interim policy subject to future revision, the commission intended to apply the policy to
pending and future environmental reviews. FERC invited public comments on the interim policy to be submitted by
April 4, 2022.
3 FERC, Order on Draft Policy Statements, Docket Nos. PL18-1-000 and PL21-3-000, March 24, 2022.
4 BP, Statistical Review of World Energy 2021, 2021, p. 36.
5 FERC, Certification of New Interstate Natural Gas Pipeline Facilities: Statement of Policy, 88 FERC ¶ 61,227,
Docket No. PL-99-3-000, September 15, 1999.
6 FERC, Certification of New Interstate Natural Gas Facilities, Notice of Inquiry, Docket No. PL18-1-000, February
18, 2021. (Hereinafter, FERC 2021 NOI.) The 2021 NOI, itself, continued a certification policy review originally
initiated in 2018. See FERC, Certification of New Interstate Natural Gas Facilities, Notice of Inquiry, Docket No.
PL18-1-000, April 19, 2018. (Hereinafter, FERC 2018 NOI.)
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Development of the U.S. natural gas pipeline network has been an ongoing focus of Congress,
prompting numerous hearings and legislative proposals over the last decade. A number of related
bills have been introduced in the 117th Congress, including the FREE American Energy Act (S.
3982), the ENSURE Act (S. 3908), the Energy Freedom Act (S. 3762, H.R. 7094), the Ukraine
Assistance and American Energy Acceleration Act (H.R. 7012), the CLEAN Future Act (H.R.
1512), the Environmental Justice Mapping and Data Collection Act of 2021 (H.R. 516), the
Promoting Interagency Coordination for Review of Natural Gas Pipelines Act (H.R. 1616), the
Rebuild America Now Act (S. 1254), the Safe and Accountable Federal Energy Review for
Pipelines Act of 2021 (H.R. 2115), the SAFER Pipelines Act of 2021 (H.R. 2115), and several
bills addressing pipeline landowners’ rights.7
This report provides an overview of the federal certification process for interstate natural gas
pipelines and recent policy issues which have been the subject of debate, legislation, and
litigation. It reviews recent executive orders intended to influence federal approval of natural gas
pipeline projects. The report summarizes select legislative proposals in the 117th Congress (and
prior Congresses in the Appendix) directed at the federal review of interstate natural gas pipeline
certificate applications. It also summarizes FERC’s new policy statements for natural gas pipeline
certification and evaluation of pipeline climate impacts. The report concludes with a discussion of
policy issues for Congress.
A Growing Gas Pipeline Network
The United States’ supply of natural gas has grown substantially due to technological
advancements, such as horizontal drilling and hydraulic fracturing, which have increased
producers’ ability to extract natural gas from shale formations. Shale gas is now the dominant
source of U.S. natural gas supply.8 The continued growth in U.S. shale gas production to meet
growing demand in key consuming sectors has been driving the expansion of natural gas pipeline
infrastructure at the local level (to gather and process the gas) and at the national level to
transport natural gas from producing regions to consuming markets, typically in other states.
7 Ending Natural Gas Companies’ Seizure of Land for Export Profits Act (S. 655), Fairness for Landowners Facing
Eminent Domain Act (H.R. 2889), Landowner Fairness Act (S. 641), Landowners’ Right to Due Process in Rehearings
at FERC Act of 2021 (H.R. 4774), and a bill to amend the Natural Gas Act with respect to actions for eminent domain
by holders of certificates of public convenience and necessity, and for other purposes (H.R. 2889).
8 U.S. Energy Information Administration, Annual Energy Outlook 2021, “U.S. Dry Natural Gas Production by Type,”
February 3, 2021, https://www.eia.gov/outlooks/aeo/pdf/03%20AEO2021%20Natural%20gas.pdf.
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Figure 1. U.S. Natural Gas Transmission Pipelines
Source: U.S. Energy Information Administration. “U.S. Energy Mapping System,” online maps, accessed May 19,
2022, https://www.eia.gov/state/maps.php.
Note: There are no significant natural gas transmission lines in Alaska or Hawaii.
Over 300,000 miles of high-capacity transmission pipeline already transport natural gas across
the United States (Figure 1).9 However, if long-term growth trends in U.S. shale gas production
and demand continue, the need for new pipelines could still be substantial. For example, a 2020
analysis by the INGAA Foundation, a pipeline industry research organization, concluded, “As the
impacts of COVID-19 diminish over time, the drivers of new infrastructure return.... [A]lmost 33
billion cubic feet (BCF) per day of capacity is expected to be placed into service through major
gas pipeline projects from 2020 through 2025.”10
If it were all to be constructed, this new infrastructure would amount to several thousand miles of
additional interstate pipeline and on the order of $40 billion in additional capital investment.11
Figure 2 shows annual expansions and additions to natural gas transmission pipeline mileage in
the United States since 2004. As the figure indicates, federal and state agencies have approved
significant additions to the pipeline system over these years, especially after the onset of the shale
gas expansion in 2006-2008. Pipeline construction slowed for a five-year period through 2016 as
newly added capacity absorbed new shale gas supplies, but construction increased again after
2016. Altogether, over 25,000 miles of newly constructed or expanded gas transmission pipeline
have begun service since 2004. Additional gas pipeline capacity has also become available
through conversion of pipelines carrying other commodities or flow reversal of existing natural
9 Pipeline and Hazardous Materials Safety Administration, “Annual Report Mileage for Natural Gas Transmission and
Gathering Systems,” web page, February 1, 2022, https://www.phmsa.dot.gov/data-and-statistics/pipeline/annualreport-mileage-natural-gas-transmission-gathering-systems.
10 INGAA Foundation, “North American Midstream Infrastructure—A Near Term Update Through 2025,” December
2020, p. 55. The INGAA Foundation is affiliated with the Interstate Natural Gas Association of America (INGAA), the
interstate gas pipeline industry trade association.
11 Ibid., and INGAA Foundation, “North American Midstream Infrastructure Through 2035: Significant Development
Continues,” June 18, 2018, p. 48. The mileage and capital investment values are CRS estimates based on data in the
INGAA Foundation reports.
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gas pipelines. Approximately 800 miles of pipeline have been permitted or are under construction
with startup anticipated in 2022.12 Anticipated additions fall to approximately 500 miles in 2023.
Figure 2. U.S. Natural Gas Transmission Pipeline Mileage Additions and Expansions
(Miles)
Source: Energy Information Administration (EIA), “U.S. Natural Gas Pipeline Projects,” online spreadsheet,
January 31, 2022, https://www.eia.gov/naturalgas/data.cfm#pipelines.
Notes: Excludes reversal and conversion projects as well as gathering and distribution lines. Anticipated projects
in 2022 and 2023 include approved projects and projects under construction but excludes projects “on hold.”
2022 also excludes the Mountain Valley Pipeline due to permit litigation. Includes some state-regulated
(intrastate) pipelines. EIA figures are based on the agency’s analysis of regulatory filings and industry reports.
FERC Pipeline Certification Process
Under Section 7(c) of the Natural Gas Act of 1938 (NGA), FERC is authorized to issue
certificates of “public convenience and necessity” for “the construction or extension of any
facilities ... for the transportation in interstate commerce of natural gas” (15 U.S.C. §717f(c)).
Therefore, companies seeking to build interstate natural gas pipelines must first obtain certificates
of public convenience and necessity from FERC.13 The commission’s regulatory process for the
review of certificate applications consists of several principal steps, explained below, which may
vary somewhat depending upon whether or not a pipeline developer opts to enter into a voluntary
pre-filing process before formally applying for a pipeline certificate.
Application Pre-Filing
Prior to applying to FERC for a pipeline certificate, developers may file a request to use the
commission’s pre-filing procedures (18 C.F.R. §157.21). The commission established the prefiling process to encourage the industry to engage early in project development with the relevant
public and government agencies. The expectation is that the pre-filing will improve a developer’s
12 This figure excludes the 303-mile Mountain Valley Pipeline, which is largely constructed, but may not be completed
due to permit litigation. See Maya Weber, “Mountain Valley Pipeline takes another hit in court as 4th Circuit strikes
species authorization,” S&P Global Platt’s, February 3, 2022.
13 FERC must also approve the abandonment of gas facility use and services. The commission does not have similar
siting authority over oil pipelines, nor over natural gas pipelines located entirely within a state’s borders not involved in
interstate commerce. Siting of oil and intrastate natural gas pipelines is, instead, variously regulated by the states.
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proposal and avoid problems during the review of a subsequent FERC certificate application.
However, while FERC encourages pre-filing, it is not required to apply for a pipeline certificate.
The pre-filing process involves a set of specific activities by the developer—typically studying
potential project sites, identifying stakeholders, and holding an open house to discuss the project.
Through this process, a developer notifies all stakeholders—including tribal, state, local, and
other federal agencies, and potentially affected property owners—about a proposed project so that
the developer and commission staff can provide public forums to hear stakeholder concerns. The
pipeline developer may then incorporate proposed environmental mitigation measures into the
project design, taking into account stakeholder input. Concurrent with the developer’s activities,
FERC staff participate in public forums and take steps necessary to ensure FERC compliance
with the National Environmental Policy Act (NEPA, discussed below). For example, FERC
consults with interested stakeholders, including relevant government agencies, and also holds
public scoping meetings and site visits in the proposed project area.14 At the conclusion of prefiling, the developer prepares a final application and submits it to FERC.
Certificate Application and FERC Review
Whether pre-filing or not, a pipeline developer must formally apply to FERC for a certificate of
public convenience and necessity. Among other requirements, the application must contain a
description of the proposed pipeline, route maps, construction plans, schedules, and a list of other
statutory and regulatory requirements, such as permits needed from other agencies. The
application must also include environmental reports analyzing route alternatives—to avoid or
minimize environmental damage—and studies of potential environmental impacts (on water,
plants, and wildlife), cultural resources, socioeconomics, soils, geology, aesthetic resources, and
land use.15 Upon receiving an application, the commission issues a public Notice of Application
in the Federal Register and begins the application review process.
Any person seeking to become a party to FERC’s proceeding must file a motion to intervene
pursuant to the commission’s rules (18 C.F.R. §385.214). Intervenors receive the certificate
applicant’s filings and other FERC documents related to the case, as well as materials filed by
other interested parties.16 Only intervenors have the right to file briefs, attend hearings, and appeal
the commission’s decision regarding the certificate. They may also challenge final commission
actions in the U.S. Circuit Courts of Appeals.
FERC exercises its NGA Section 7(c) pipeline certification authority in accordance with its own
regulations and the guidance of its certification policy. The 2022 draft policy statement lays out
how FERC will “determine whether a proposed natural gas project ‘is or will be required by the
present or future public convenience and necessity,’ as that standard is established in section 7.”17
The draft policy statement “does not establish binding rules,” but is intended to “provide clarity
on how the Commission will evaluate all factors bearing on the public interest, including the
14 For a flowchart of steps taken by both FERC and certificate applicants, see FERC, “EIS Pre-Filing Environmental
Review Process,” web page, June 25, 2020, https://www.ferc.gov/resources/processes/flow/process-eis.
15 During the review process, FERC, or any intervenor or public commenter, may suggest additional siting alternatives
and modifications to reduce impacts on buildings, fences, crops, water supplies, soil, vegetation, wildlife, air quality,
noise, safety, landowner interests, etc. Commission staff also consider whether a proposed pipeline can be placed near
or within the right-of-way of an existing pipeline, power line, highway, or railroad. See FERC, An Interstate Natural
Gas Facility on My Land?, August 2015, p. 8.
16 Intervenors are also obligated to mail copies of their own filings to all other parties to the proceeding.
17 FERC 2022 Draft Policy Statement, p. 1.
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balancing of economic and environmental interests.”18 Economic factors may include precedent
agreements with shippers for new pipeline capacity, how the gas will ultimately be used, expected
pipeline utilization rate, projections of natural gas market growth, and projections of the net
benefits to consumers, such as lower natural gas prices due to increased supply competition,
among other factors.19 Consideration of potential adverse factors includes examining impacts to
the certificate applicant’s existing customers (e.g., subsidization), the interests of existing
pipelines (and their captive customers), environmental impacts, and the interests of landowners
and surrounding communities (including environmental justice communities, discussed in later
section).20 FERC may also take into account certain safety issues, but generally defers to the
Department of Transportation, which regulates pipeline safety.21 Of the factors above,
environmental review typically comprised the bulk of FERC’s certificate application review
under its 1999 policy statement, and may continue to do so under the 2022 draft certificate policy,
especially in light of FERC’s 2022 draft interim GHG policy.
Environmental Review Under NEPA
Before FERC can issue a final decision on an application, the agency must identify and consider
the environmental impacts of the proposed project in accordance with NEPA (42 U.S.C. §4321 et
seq.). NEPA requires federal agencies to “take a hard look at environmental consequences” of
their proposed actions (e.g., granting a certificate), consider alternatives, and publicly disseminate
such information before taking final action.22 Although an agency must consider these impacts, it
need not elevate these environmental concerns above others. Under NEPA, federal agencies must
prepare an environmental impact statement (EIS) for federal actions “significantly affecting the
quality of the human environment.”23
NEPA also established the Council on Environmental Quality (CEQ), which issues regulations
and guidance detailing how federal agencies must implement NEPA.24 CEQ’s guidance has
included, for example, guidance on consideration of greenhouse gas emissions and the effects of
climate change (discussed below). In its regulations, CEQ has directed each federal agency to
adopt and supplement the CEQ regulations as necessary to include procedures relevant to that
agency’s authority and ensure that the procedures implementing NEPA are integrated into the
agency’s broader decisionmaking process. Accordingly, FERC has promulgated its own
regulations implementing NEPA at 18 C.F.R. §380.
The CEQ regulations focus primarily on requirements applicable to the preparation of an EIS, but
recognize that documenting compliance with NEPA may involve other procedures. If an agency is
uncertain whether a proposal would have significant impacts, it may prepare an environmental
18 FERC 2022 Draft Policy Statement, pp. 2, 38.
19 Ibid., pp. 41-42.
20
Ibid., p. 45.
21 Pipeline safety regulations are covered in Title 49 of the Code of Federal Regulations. In granting pipeline
certificates, FERC requires that developers comply with Department of Transportation (DOT) pipeline safety standards
for design, construction, operation, and maintenance.
22 Robertson v. Methow Valley Citizens Council, 490 U.S. 332, 350 (1989).
23 NEPA §102(2)(C); 42 U.S.C. §4332(2)(C). Of note, federal actions subject to NEPA are defined to include actions
that require federal agency approvals via a permit or other regulatory approval (40 C.F.R. §1508.18). For more NEPA
information, see CRS Report RL33152, The National Environmental Policy Act (NEPA): Background and
Implementation, by Linda Luther.
24 Council on Environmental Quality, “Regulations for Implementing the Procedural Provisions of the National
Environmental Policy Act,” in 40 C.F.R. Parts 1500-1508 (43 Federal Register 55990, November 28, 1978).
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assessment (EA) to determine if an EIS is necessary or a finding of no significant impact
(FONSI) may be issued. Also, each federal agency is required to identify categories of actions
they are authorized to undertake that have been found to have no significant effect on the
environment. Such actions are categorically excluded from the need to prepare an EIS or EA and
are, hence, broadly referred to as “categorical exclusions” (CEs or CATEXs).25
CEQ requires agencies to determine whether a proposal has significant impacts by identifying
and analyzing its direct, indirect, and cumulative effects, defined as follows:
Direct effects—caused by the project that occur at the same time and place;26
Indirect effects—caused by the action that are later in time or farther removed in
distance but still reasonably foreseeable;27 and
Cumulative effects—those that result from the incremental impacts of the action
when added to other past, present, or reasonably foreseeable future actions
regardless of what agency (federal or nonfederal) or person undertakes that other
action.28
The Energy Policy Act of 2005 (P.L. 109-58, EPAct) designates FERC as the “lead agency” for
coordinating NEPA compliance and “all applicable Federal authorizations” in reviewing pipeline
certificate applications (§313(b)). As the lead agency, FERC is required to obtain input from other
“cooperating” agencies with statutory jurisdiction or special expertise regarding any
environmental impact associated with the project (40 C.F.R. §1508.5). Cooperating agencies for a
pipeline project often include the Environmental Protection Agency; the Department of
Transportation’s Pipeline and Hazardous Materials Safety Administration; the Department of the
Interior’s Bureau of Land Management (BLM), Fish and Wildlife Service, and National Park
Service; and the U.S. Army Corps of Engineers (the Corps), among others.
After FERC staff complete their environmental analysis and cooperating agency consultations,
the commission issues a draft EIS with initial recommendations for approval or denial of the
certificate. Issuance of the draft EIS also begins a public comment period of at least 45 days,
during which FERC is to hold public meetings in the proposed project area.29 After the conclusion
of the comment period, FERC reviews the comments and revises its draft EIS in response. FERC
then issues a final EIS with final recommendations for approval or denial of the certificate. Under
NEPA, a record of decision—in this context a FERC order—cannot be issued until at least 30
days after FERC publishes a notice of availability of the final EIS (40 C.F.R. §1506.10(b)(2)).
However, there is no additional opportunity for public comment. When the 30-day period is over,
the commission may issue an order approving or denying the certificate.
Certificate Authorities
If FERC grants a pipeline certificate, the commission’s order states the terms and conditions of
the approval, including the authorized pipeline route and any construction or environmental
25 Each agency’s regulations implementing NEPA are required to provide for “extraordinary circumstances” in which a
normally excluded action may have significant environmental effect (40 C.F.R. §1508.4).
26 40 C.F.R. §1508.8(a).
27 40 C.F.R. §1508.8(b). In the definition of effects (at 40 C.F.R. §1508), it is noted that the words effects and impacts
are synonymous, as they are used in the CEQ regulations.
28 40 C.F.R. §1508.7.
29 FERC usually establishes a 45-day comment period, the minimum required under 40 C.F.R. §1506.10(c). In some
cases involving very large projects or complex environmental issues, FERC has established longer periods.
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mitigation measures required for the project. For example, a construction condition might require
that the pipeline be buried at a specific depth under a particular river crossing, or that construction
be limited during a certain time of year to avoid impacts on wildlife. A FERC certificate confers
on the developer the authority to exercise the government’s eminent domain authority if certain
conditions are met (15 U.S.C. §717f(h)). Also, federal law preempts any state or local law that
duplicates or obstructs that federal law (e.g., siting or zoning) relevant to the project.30 In this
way, a FERC certificate provides a developer with the authority to secure the necessary rights-ofway to lay the pipeline if the developer cannot secure them from landowners through negotiation.
Although a FERC certificate authorizes a pipeline under the Natural Gas Act, it does not preempt
other federal laws that also may apply—such as the Endangered Species Act or the National
Historic Preservation Act. Any requirements under other federal statutes must still be met. These
requirements may include, for example, securing federal authorizations for water crossings from
the Corps, permission to cross federal lands from the BLM, and other federal approvals.31
Pipeline developers also may need to secure approvals from state agencies under delegated
federal authorities, such as Section 401 water quality certifications under the Clean Water Act (33
C.F.R. §330.4). A developer must secure all these approvals before proceeding with construction.
Post-Certificate Proceedings
Once FERC issues an order granting or denying a pipeline certificate, parties to the proceeding
(e.g., the developer or intervenors) who object to the order for any reason may formally request a
rehearing so that the commission can reconsider its decision. A party to the proceeding must file a
request for rehearing within 30 days after issuance of the final order—a statutory deadline which
the commission cannot waive or extend (15 U.S.C. §717(r)). Upon receiving a rehearing request,
FERC has 30 days to rule on it or the request is deemed denied, in either case allowing a party
involved to appeal FERC’s ruling in federal court.32 The commission, by its own order, may not
authorize pipeline construction to proceed until the earlier of either the date that a qualifying
rehearing request is no longer pending before the Commission or 90 days after the date that a
qualifying rehearing request may be deemed denied.33 If a pipeline certificate is approved after
rehearing, the pipeline project may proceed even if additional court challenges have been filed.
Once the developer has provided FERC with any outstanding information or taken other actions
to satisfy the terms and conditions of the certificate order FERC can issue a Notice to Proceed
with Construction Activities and construction can begin. The pipeline developer must then file
weekly status reports with the commission documenting project inspection and certificate
compliance until construction is completed.
30 FERC addresses the input of Indian tribes in its NEPA documents and orders in accordance with its policy statement,
Policy Statement on Consultation with Indian Tribes in Commission Proceedings, which was amended in 2019. FERC,
“Revision to Policy Statement on Consultation with Indian Tribes in Commission Proceedings,” Docket No. PL20-1000, Order No. 863, October 17, 2019.
31 For details about Corps approvals, see CRS Report R44880, Oil and Natural Gas Pipelines: Role of the U.S. Army
Corps of Engineers, by Nicole T. Carter et al.
32 This 30-day deadline was affirmed in a June 30, 2020, judgment by the United States Court of Appeals for the
District of Columbia Circuit in a case which challenged FERC’s prior use of “tolling” orders to delay ruling on the
merits of certificate rehearing requests. Allegheny Defense Project v. FERC, 964 F. 3d 1 (D.C. Circuit Court of
Appeals, 2020).
33 171 FERC ¶ 61,201 and 175 FERC ¶ 61,098. The limit on construction authorization applies “only when a request
for rehearing raises issues reflecting opposition to project construction, operation, or need.”
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Gas Pipeline Siting Challenges
Over the last decade, proposals for new interstate natural gas pipelines have become increasingly
controversial. Many certificate applications have been subjected to heavy public scrutiny, and
some have faced significant delays in review, in some cases due to protracted litigation. A May
2018 report by the Department of Energy Inspector General stated that “nothing came to our
attention to indicate that FERC had not generally performed the natural gas certification process
in accordance with applicable laws, regulations, policies, and procedures.”34 Nonetheless, aspects
of FERC’s permitting practices remain a focus of attention among policymakers because they
have been the subject of FERC dissent, debate in Congress, or litigation in federal court.
Identifying Indirect Environmental Impacts
As noted above, FERC is obligated under NEPA to consider the direct and indirect environmental
impacts of certificate proposals. Direct effects often are relatively easy to identify. In the context
of a pipeline project, a direct effect would be associated with the pipeline itself, such as forest
impacts from clearing rights-of-way, or water quality impacts from construction across waterways
and wetlands. However, identifying the indirect effects of a proposed gas pipeline has presented
challenges and, in some cases, has been controversial. Some stakeholders assert that the indirect
“upstream” impacts of a proposed pipeline should include impacts associated with the production
of natural gas, such as fugitive methane emissions from gas wells and gas gathering pipelines.
They also assert that the indirect “downstream” impacts should include the environmental effects
of using natural gas, such as carbon dioxide emissions from natural gas combustion.35
In the past, FERC limited its review of certain upstream or downstream impacts, claiming that
they were not reasonably foreseeable. However, in February 2017, a FERC commissioner argued
that FERC should analyze the upstream environmental effects of increased natural gas production
and should be “open to analyzing the downstream impacts of the use of natural gas.”36 In a related
legal challenge to a pipeline (Sabal Trail) in Florida for which the effects of natural gas use could
be identified, the court ruled that FERC must “either quantify and consider the project’s
downstream carbon emissions or explain in more detail why it cannot do so.”37
In FERC’s 2018 order responding to the Sabal Trail ruling, the majority of commissioners
concluded that, although its supplemental EIS quantified downstream greenhouse gas emissions
associated with the pipeline, there was “no way to determine the significance” of those
emissions.38 However, two commissioners raised objections to the majority’s conclusion, arguing
that the significance of the downstream greenhouse gas emissions could—and should—be
quantified.39 In an unrelated FERC order involving a pipeline in New York, the majority stated
34 U.S. Department of Energy, Office of Inspector General, The Federal Energy Regulatory Commission’s Natural Gas
Certification Process, Audit Report, DOE-OIG-18-33, May 2018, p. 1. The report did identify four areas for
improvement: process transparency, public access to FERC records, tracking stakeholder comments, and data integrity.
35 See, for example, Sierra Club, “FERC Further Abdicates Its Obligations in Favor of More Pollution,” press release,
May 18, 2018.
36 FERC, Order Granting Abandonment and Issuing Certificates, 158 FERC ¶ 61,145, Docket Nos. CP15-115-000 and
CP-15-115-001, Commissioner Bay, Separate Statement, February 3, 2017, p. 5.
37 Sierra Club, et al. vs. FERC, 857 F.3d 1357, 1375 (D.C. Cir. 2017).
38 FERC, Order on Remand Reinstating Certificate and Abandonment Authorization, 162 FERC ¶ 61,233, Docket Nos.
CP14-554-002, CP15-16-003, and CP15-17-002, March 14, 2018, p. 25.
39 Ibid., “LaFLEUR, Commissioner, dissenting in part,” p. 2, and “GLICK, Commissioner, dissenting,” p. 5.
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that they were “unable to find based on the record that the potential increase in greenhouse gas
emissions associated with production, non-project transport, and non-project combustion are
causally related” to the commission’s certification of the project, and that “providing a broad
analysis based on generalized assumptions rather than reasonably specific information does not
meaningfully inform the Commission’s project-specific review.”40 The two commissioners
dissented from this conclusion as well, one arguing that “the mere fact that the record does not
contain specific information regarding the greenhouse gas emissions associated with increased
production or consumption from a particular natural gas pipeline cannot excuse the Commission
from considering those effects under NEPA.”41
Litigation related to FERC’s environmental reviews has continued—along with disagreement
among commissioners about the proper scope of environmental impacts for pipelines under
FERC’s jurisdiction. For example, in a 2019 legal challenge involving FERC’s approval of a new
natural gas pipeline compressor station, while upholding FERC’s approval, the court nonetheless
was critical of FERC’s examination of both upstream and downstream greenhouse gas emissions
associated with the project.42 In a 2020 FERC order approving another gas pipeline project,
concurring and dissenting opinions by two commissioners, respectively, expanded upon their
prior support for, or rejection of, FERC’s treatment of greenhouse gas emissions in environmental
reviews.43 In March 2021, FERC announced that it had “for the first time assessed the
significance of a proposed natural gas pipeline project’s greenhouse gas emissions and their
contribution to climate change.”44 The associated certificate order (approving Northern Natural
Gas Company pipeline facilities) states
In previous orders, the Commission has concluded that it was unable to assess the
significance of a project’s greenhouse gas (GHG) emissions or those emissions’
contribution to climate change. Upon reconsideration, we no longer believe that to be the
case. Accordingly ... we assess the significance of the project’s GHG emissions and their
contribution to climate change. Based on the record in this proceeding, we conclude that
those impacts are not significant.45
However, adopting this approach was not unanimous. While concurring with the approval of the
pipeline project, two commissioners dissented (in part) with respect to the greenhouse gas
assessment on legal grounds or because they believed that FERC’s change in approach was
premature.46
FERC’s 2022 draft GHG interim policy establishes an approach to GHG emissions along the
lines of its order in the Northern Natural Gas Company application. The draft GHG policy states
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, including those effects that
occur at the same time and place as the proposed action and effects that are later in time or
farther removed in distance from the proposed action. This will include GHG emissions
40 FERC, Order Denying Rehearing, Docket No. CP14-497-001, 163 FERC ¶ 61,128, May 18, 2018.
41 Ibid., “GLICK, Commissioner, dissenting in part,” p. 7.
42 Birckhead vs. FERC, 925 F. 3d 510 (D.C. Cir. 2019).
43 172 FERC ¶ 61,039.
44 FERC, “FERC Reaches Compromise on Greenhouse Gas Significance,” press release, March 18, 2021.
45 174 FERC ¶ 61,189, p. 11.
46 Ibid.
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resulting from construction and operation of the project as well as, in most cases, GHG
emissions resulting from the downstream combustion of transported gas.47
Furthermore, the draft GHG interim policy establishes a specific numerical threshold to
determine the significance of GHG emissions for the purpose of establishing the appropriate level
of environmental review under NEPA. According to commission staff, FERC “will presume,
unless refuted by record evidence, that projects with estimated greenhouse gas emissions of
100,000 metric tons per year of carbon dioxide equivalent will have a significant impact on the
environment.”48 Presuming that a proposed pipeline project would have a “significant”
environmental impact would necessitate the completion of an EIS (rather than a less extensive
EA) for environmental review under NEPA. The draft policy also encourages pipeline developers
to propose measures to mitigate the upstream or downstream GHG emissions associated with
their projects that the commission could evaluate on a case-by-case basis in making permit
decisions. As it does for other types of permit conditions which the commission may impose
under the NGA, FERC states that it may condition a pipeline permit approval on further
mitigation of GHG impacts.49
Evaluating Project Need
FERC’s review of a certificate application requires the commission to evaluate the public benefit
from the proposed project. Benefits the commission may consider include meeting unserved
demand, eliminating pipeline bottlenecks, accessing new gas supplies, lowering consumer costs,
providing greater reliability, and increasing competition, among others. The principal component
of this evaluation historically has been demonstrated market need for the pipeline in the form of
contracts with future customers for its capacity. According to FERC’s 1999 policy statement,
a new pipeline project must show market support through contractual commitments for at
least 25 percent of the capacity for the application to be processed by the Commission. An
applicant showing 10-year firm commitments for all of its capacity, and/or that revenues
will exceed costs is eligible to receive a traditional certificate of public convenience and
necessity.50
Some stakeholders have questioned FERC’s reliance on contracts from future customers (known
as “precedent agreements”) to prove market need, particularly when those contracts involve
companies affiliated with the pipeline developer. The commission considered this concern in
1999 but established no special provisions for developer affiliates. FERC “gives equal weight to
contracts between an applicant and its affiliates and an applicant and unrelated third parties and
does not look behind the contracts to determine whether the customer commitments represent
genuine growth in market demand.”51 Nonetheless, in January 2018 one FERC commissioner
dissented from the approval of a certificate because over three-quarters of the pipeline’s capacity
under precedent agreements was associated with affiliates, and was therefore “insufficient to
carry the developer’s burden to show that the pipeline is needed.”52
47 FERC 2022 Draft GHG Interim Policy Statement, pp. 20-21.
48 FERC, “Staff Presentation | Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure Project
Reviews,” February 17, 2022, https://www.ferc.gov/news-events/news/staff-presentation-consideration-greenhousegas-emissions-natural-gas.
49 Ibid.
50 88 FERC ¶ 61,227, p. 14.
51 88 FERC ¶ 61,227, p. 15.
52 FERC, “Statement of Commissioner Richard Glick on the PennEast Project,” Docket No. CP15-558-000, January 19,
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In remarks at a February 13, 2018, meeting of state utility regulators, the FERC chairman stated
that the commission would “have to take a look at” whether recent precedent agreements, and
particularly affiliate agreements, represent “valid, arm’s length” demonstrations of pipeline
capacity demand.53 However, an April 2020 order denying a request for certificate rehearing
reaffirmed the commission’s reliance upon precedent agreements, asserting that such agreements
“are significant evidence of demand for a project,” and that FERC is not required to assess project
benefits “by looking beyond the market need reflected by the applicant’s precedent agreements
with shippers.”54
Also related to the issue of market need, some stakeholders have objected to FERC’s project-byproject approach to evaluating applications—especially for multiple pipelines proposed in one
region.55 Some in Congress have called on FERC to adopt a more overarching approach to
pipeline development, collectively considering existing capacity and multiple projects together
rather evaluating them independently.56 However, FERC asserted in 2015 that it “does not engage
in regional planning exercises that would result in the selection of one project over another.”57
Nonetheless, in October 2017, one FERC commissioner dissented from the approval of two
pipelines through Virginia on the grounds that both projects might not be needed due to
geographic proximity.58
FERC’s 2022 draft policy would reaffirm the importance of precedent agreements in application
review, but would expand the scope of what FERC would consider in evaluating project need.
According to the 2022 draft policy statement, “although precedent agreements remain important
evidence of need, ... the existence of precedent agreements may not be sufficient in and of
themselves to establish need for the project.”59 With respect to affiliate agreements, specifically,
the policy states that “projects supported by precedent agreements with affiliates raise unique
concerns regarding need for the project... [and] will generally be insufficient to demonstrate
need.”60 Under its new policy, in addition to precedent agreements, the commission would
consider “the circumstances surrounding the precedent agreements, as well as other evidence of
need, including demand projections underlying the capacity subscribed, estimated capacity
utilization rates, potential cost savings to customers, regional assessments, and statements from
state regulatory commissions or local distribution companies.”61
2018, https://www.ferc.gov/media/statements-speeches/glick/2018/01-19-18-glick.pdf.
53 Kevin McIntyre, FERC Chairman, remarks before the National Association of Regulatory Utility Commissioners,
February 13, 2018, https://www.facebook.com/NARUCToday/videos/2025186407497968/?rc=p.
54 171 FERC ¶ 61,049, pp. 5-6.
55 FERC, Roanoke County’s Motion to Intervene and Identification of Issues, Docket Nos. CP16-10-000 and CP16-13000, November 24, 2015, p. 6.
56 See, for example, U.S. Representative Bonnie Watson Coleman, “Watson Coleman, Malinowski Introduce Bill to
Ensure Full Reviews of Proposed Pipelines,” press release, March 31, 2021; and Duncan Adams, “Senators Hope to
Compel FERC to Broaden Analysis of Pipeline Projects,” The Roanoke Times, February 4, 2016.
57 Tamara Young-Allen, FERC, as quoted in “Feds Reject Consolidated Review of Pipeline Projects,” Associated
Press, December 10, 2015.
58 FERC, “Statement of Commissioner Cheryl A. LaFleur on Order Issuing Certificates and Granting Abandonment
Authority,” Docket No. CP16-10-000, October 13, 2017, https://www.ferc.gov/media/statements-speeches/lafleur/
2017/10-13-17-lafleur.pdf.
59 FERC 2022 Draft Policy Statement, p. 41.
60 Ibid., pp. 43-44.
61 FERC, “Fact Sheet | Updated Pipeline Certificate Policy Statement (PL18-1-000),” February 17, 2022.
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The commission also would “look for information about the intended end use of gas to help
explain why a project is needed.”62 Although FERC’s 2022 draft policy does not call for
commission-driven regional planning for pipeline capacity, it calls for the commission to evaluate
whether “other suppliers,” presumably including other existing or proposed pipelines, “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 such needs.”63
Timing and Relations with Other Agencies
There are no statutory time limits within which FERC must complete its own certificate review
process or issue an order. However, EPAct authorizes FERC to establish a schedule for all federal
authorizations and creates a cause of action “if a Federal or State administrative agency” fails to
comply with that schedule (§313(b)). As discussed above, natural gas pipelines typically require
permits from federal and state agencies in addition to FERC. Since 2002, FERC and nine other
federal agencies have operated under an interagency agreement on early coordination required for
review of interstate natural gas pipeline certificate applications.64 Under this agreement, when
FERC receives a certificate application, the agencies commit to early involvement, proactive
participation, sharing of data, informal communication, and resolving disputes. FERC has
promulgated regulations under the EPAct authority requiring certificate-related final decisions
from federal agencies or state agencies (acting under delegated federal authority) no later than 90
days after the commission issues its final environmental document, unless another schedule is
established by federal law (18 C.F.R. §157.22).
Congress included the schedule provisions in EPAct to address concerns that some interstate gas
pipeline approvals were being unduly delayed by a lack of coordination or insufficient action
among agencies involved in the certification process.65 Notwithstanding the directives above,
pipeline developers have long asserted that cooperating federal agencies have not always
coordinated effectively with FERC in its review of certificate applications and have not always
complied with FERC’s deadlines.66 For example, a 2012 study by the INGAA Foundation
concluded that, despite the schedule provisions in EPAct intended to expedite the review of FERC
certificate applications for gas pipelines, “the time required to secure regulatory approvals for
such projects is increasing.”67 Likewise, some in Congress have argued that gas pipeline reviews
have been “delayed unnecessarily due to a lack of coordination or insufficient action among
agencies involved.”68 Subsequent debate in congressional hearings about the timing of FERC’s
62 Ibid.
63 Ibid., p. 43.
64 FERC et al., “Interagency Agreement on Early Coordination of Required Environmental and Historic Preservation
Reviews Conducted in Conjunction with the Issuance of Authorizations to Construct and Operate Interstate Natural
Gas Pipelines Certificated by the Federal Energy Regulatory Commission,” May 2002; See also 42 U.S.C. §15928(b).
65 Senate Committee on Environment and Public Works, Oversight Hearing to Review the Permitting of Energy
Projects, S. Hrg. 109-856, May 25, 2005.
66 See, for example, Interstate Natural Gas Association of America, “INGAA Comments on United States Army Corps
of Engineers; Subgroup of the Department of Defense Regulatory Reform Task Force, Review of Existing Rules,” 82
Fed. Reg. 33,470 (July 20, 2017); Docket ID No. COE-2017-0004,” October 18, 2017, p. 3, http://www.ingaa.org/
File.aspx?id=33450.
67 INGAA Foundation, Expedited Federal Authorization of Interstate Natural Gas Pipelines: Are Agencies Complying
with EPAct?, Washington, DC, December 21, 2012, p. 2.
68 House Committee on Energy and Commerce, Subcommittee on Energy, majority staff memorandum RE: Hearing
entitled “Legislation Addressing Pipeline and Hydropower Infrastructure Modernization,” May 1, 2017, p. 3,
http://docs.house.gov/meetings/IF/IF03/20170503/105916/HHRG-115-IF03-20170503-SD020.pdf.
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certificate reviews indicated both criticism of and support for FERC’s process.69 The length of
permit review, and project delays due to challenges to FERC reviews, remain a key interest
among developers and in Congress.70
FERC staff have stated in the past that the commission seeks to complete review of certificate
applications within 18 to 24 months of filing.71 However, there has been disagreement, even
among FERC commissioners, as to the extent FERC is meeting this standard. For example, in
September 2021, the FERC chairman testified that the time the commission was taking to
approve certificate applications was comparable to that in previous years.72 By contrast, in
November 2021, another FERC commissioner argued that FERC’s average time to review
pipeline certificate applications was significantly longer than it was from 2011 through 2020
based on the commissioner’s own analysis of NGA Section 7 applications.73
Whether FERC’s record of certificate application review demonstrates process efficiency is open
to debate. Pipeline projects are complex and unique, each with its own potentially complicating
factors. Moreover, attempting to compare FERC’s recent certificate review timing to historical
timing is complicated by the lack of a quorum of FERC commissioners (required for certificate
decisions) for six months in 2017 and the impacts of the COVID-19 pandemic on FERC’s
staffing and administrative functions beginning in 2020. Permit application review may also
include time taken by developers responding to questions or providing supplemental information
or analysis requested by regulators, which may be outside the control of the commission.
Changes in the Domestic Gas Industry Structure
Over the last 20 years, there have been fundamental changes in the structure of the U.S. natural
gas sector. Most significant among these are widespread use of hydraulic fracturing, new gas
production regions (e.g., the Marcellus formation underlying parts of Pennsylvania and other
states), increasingly interconnected natural gas infrastructure in more populated areas, and greater
dependence on natural gas to fuel power plants. These changes, in turn, have introduced new
considerations in pipeline permit review, including new concerns about greenhouse gas
emissions, potential groundwater and seismic risks, pipeline safety, energy infrastructure security,
and changing contractual relationships with pipeline customers. For example, with the shift away
from coal to natural gas for power generation, regulators and operators have expressed concerns
about the potential linkage between the availability of natural gas and the reliability of electricity
supply in markets with constrained infrastructure.74 This linkage was demonstrated in the
February 2021 Texas blackout which happened, in part, because freezing temperatures disrupted
69 See, for example, debate in the House Energy and Commerce Committee, Energy Subcommittee hearing on
Oversight of the Federal Energy Regulatory Commission and the FY2019 Budget, April 17, 2018.
70
Sen. John Barrasso, letter to FERC Chairman Richard Glick and Commissioners, December 15, 2021,
https://www.energy.senate.gov/services/files/E83D94D6-377A-42DD-BA1E-41CAF62B5310; Sen. John Hoeven et
al., letter to the Honorable Richard Glick, Chairman, et al., FERC, April 29, 2021. “The Commission’s Policy
Statement is critical to the advancement of important natural gas infrastructure projects.”
71 FERC, Office of Congressional Affairs, personal communication, May 30, 2018.
72 Richard Glick, FERC Chairman, testimony before the Senate Committee on Energy and Natural Resources hearing
to Review Administration of Laws Within FERC’s Jurisdiction, September 28, 2021.
73 James Danly, FERC Commissioner, letter to Sen. John Barrasso, November 29, 2021, https://www.ferc.gov/media/
commissioner-danly-letter-responding-senator-barrasso-regarding-docket-nos-cp20-27-et-al.
74 North American Electric Reliability Corporation (NERC), Special Reliability Assessment: Potential Bulk Power
System Impacts Due to Severe Disruptions on the Natural Gas System, November 2017.
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natural gas supplies to gas-fired power plants.75 Some stakeholders have asserted that FERC
should change or expand the nature of its certificate reviews to better account for such
considerations.76
Natural Gas Infrastructure for Export
The rapid growth in U.S. natural gas production has led to increased exports of pipeline gas to
Canada and Mexico and of LNG to overseas buyers. Some communities affected by pipeline
development have questioned whether FERC appropriately applies the “public convenience and
necessity” standard under the Natural Gas Act to pipeline projects which would serve export
markets.77 FERC has asserted that considerations regarding the domestic versus foreign
destination of natural gas are solely under the jurisdiction of the Department of Energy, which has
statutory authority to approve the export of the natural gas commodity. 78 Nonetheless, some
analysts have questioned whether FERC may evaluate pipelines proposed to facilitate natural gas
exports differently from those proposed to supply domestic markets.79
In litigation involving a pipeline project proposed partly for exports, a September 2019 court
decision remanded to FERC “for further explanation of why ... it is lawful to credit precedent
agreements with foreign shippers serving foreign customers toward a finding that an interstate
pipeline is required by the public convenience and necessity.”80 In its response to the court, the
commission provided additional justification for using export precedent agreements as
appropriate evidence of market demand.81 However, some legal analysts have questioned FERC’s
certification of infrastructure developed partly or primarily to serve export markets.82
Russia’s invasion of Ukraine has complicated such considerations by focusing attention on
geopolitical aspects of natural gas supply, which Russia has exploited for strategic and economic
advantage in Europe.83 Russia’s manipulation of pipeline gas deliveries has prompted European
countries to urgently seek alternative natural gas supplies from LNG exporters, especially in the
United States. In support of these efforts, on March 25, 2022, President Biden announced an
initiative to increase U.S. LNG exports to the European Union market.84 To expand European
LNG trade, developers in the United States may proceed with plans to construct new LNG export
75 FERC, The February 2021 Cold Weather Outages in Texas and the South Central United States, FERC, NERC and
Regional Entity Staff Report, November 2021.
76 See, for example, American Public Power Association, “APPA Urges FERC To Ensure Reliable And Affordable
Supply Of Natural Gas,” May 11, 2022, https://www.publicpower.org/periodical/article/appa-urges-ferc-ensurereliable-and-affordable-supply-natural-gas.
77 John Dizard, “Trump’s Plan for Energy Dominance Meets Resistance,” Financial Times, February 24, 2018.
78 158 FERC ¶ 61,145, p. 10.
79 L.M. Sixel, “FERC May Rethink Pipeline Permits When LNG Is Headed Overseas,” Houston Chronicle, updated
February 19, 2018, https://www.chron.com/business/energy/article/FERC-may-rethink-pipeline-permits-when-LNG-is12619700.php.
80 City of Oberlin v. FERC, 937 F. 3d (D.C. Cir. 2019).
81 172 FERC ¶ 61,199, pp. 7-13.
82 See, for example, Alexandra B. Klass, “The Public Use Clause in an Age of U.S. Natural Gas Exports,” Stanford
Law Review Online, April 15, 2020.
83 See, for example, Emily Rauhala et al., “E.U. Accuses Russia of ‘Blackmail’ After Gas Cut to Poland, Bulgaria,”
Washington Post, April 27, 2022.
84 The White House, “FACT SHEET: United States and European Commission Announce Task Force to Reduce
Europe’s Dependence on Russian Fossil Fuels,” March 25, 2022.
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infrastructure which has already been permitted by FERC and other agencies.85 Natural gas
pipeline companies, in turn, are pursuing plans to expand domestic pipeline capacity to supply
new LNG export terminals and existing terminal expansions.86 How FERC’s pipeline certification
policies should account for geopolitical considerations arising from military conflict in Europe,
and how they should be balanced against domestic policy considerations, are evolving topics
within and outside the commission. How FERC incorporates these issues in its pipeline policy
decisions may present new challenges for stakeholders.
Environmental Justice87
Environmental justice, which involves concerns of disproportionate risks to health and safety
across communities with differing demographics (e.g., race, national origin, or income), has
become an important factor in natural gas pipeline siting.88 For example, the siting of a natural
gas compressor station for the proposed Atlantic Coast Pipeline in Union Hill, VA—a
predominately African-American community—became the subject of litigation on environmental
justice grounds.89 Since 1997, the Council on Environmental Quality has provided guidance for
taking into account environmental justice in NEPA reviews.90 In 2020, FERC officials reportedly
stated that the commission “takes environmental justice concerns very seriously,” and that the
agency’s environmental reviews properly analyze “socioeconomic issues such as environmental
justice.”91 Nonetheless, some on the commission and other stakeholders have criticized FERC’s
consideration of environmental justice issues in its pipeline certification process.92 In February
2021, the FERC chairman announced plans to create a new senior-level staff position “charged
with working with the experts in all FERC program offices to integrate environmental justice and
equity matters into Commission decisions.”93 In May 2021, the FERC chairman announced the
appointment of a Senior Counsel for Environmental Justice and Equity “to work in building a
culture and program that ensures FERC appropriately integrates environmental justice and equity
issues into our decisionmaking.”94
85 Marcy de Luna, “Rising Calls for U.S. LNG Revive Stalled Export Projects, but at Higher Costs,” Reuters, April 21,
2022.
86 Kelsey Hallahan, “Midstream Eyes Adding Haynesville, Gulf Coast Gas Delivery Capacity on Bright LNG Demand
Prospects,” S&P Global Commodity Insights, May 19, 2022.
87 For further discussion, see CRS Legal Sidebar LSB10590, Addressing Environmental Justice Through NEPA, by
Nina M. Hart and Linda Tsang.
88 For further discussion of the concept of environmental justice, see CRS In Focus IF10529, Role of the U.S.
Environmental Protection Agency in Environmental Justice, by David M. Bearden and Angela C. Jones.
89 Friends of Buckingham v. State Air Pollution Control Board, 19-1152 (U.S. Court of Appeals, 4th Cir. 2020).
90 Council on Environmental Quality, Environmental Justice Guidance Under the National Environmental Policy Act,
December 10, 1997. This guidance was issued consistent with Executive Order 12898, “Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income Populations,” 59 Federal Register 7629, February 16,
1994.
91 Arianna Skibell and Niina H. Farah, “FERC Faces Environmental Justice Reckoning,” E&E News, July 31, 2020.
92 See, for example, FERC, “Commissioner Richard Glick Dissent Regarding the Rio Grande LNG Terminal and Rio
Bravo Pipeline Projects,” press release, January 23, 2020.
93 FERC, “FERC Chairman Acts to Ensure Prominent FERC Role for Environmental Justice,” press release, February
11, 2021.
94 FERC, “Glick Names Montina Cole to Top Environmental Justice Post at FERC,” press release, May 20, 2021.
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Public Participation
Some in Congress have expressed concern about the ability of landowners and other members of
the public to understand and participate effectively in FERC’s pipeline certification process.95
Specific issues have included landowner notification, understanding of property rights, securing
intervenor status, and providing input and comments to FERC during project scoping and review
of permit applications, including NEPA review. In 1978, Congress amended the Federal Power
Act (Section 319) authorizing FERC to establish an Office of Public Participation (OPP) to
“coordinate assistance to the public with respect to authorities exercised by the Commission,” and
“also coordinate assistance available to persons intervening or participating or proposing to
intervene or participate in proceedings before the Commission” (16 U.S.C. § 825q–1). However,
funds were not subsequently appropriated for this office and FERC did not establish it. In the
past, FERC has asserted that the office was unnecessary, stating in a 2007 proceeding that “even
if funding were available, the public interest is adequately represented ... by the Commission, its
staff and state agencies,” but various public advocates and Members of Congress have disagreed
with this assertion.96 Likewise, the FERC chairman remarked in April 2021, “the people who can
afford the high-priced Washington, DC, law firms that participate in our proceedings, they’re
adequately represented, but a lot of other people aren’t—their voices aren’t heard.”97
In the joint House-Senate Appropriations Committee Report accompanying the Consolidated
Appropriations Act, 2021 (P.L. 116-260) Congress again addressed the OPP. The committee
directed FERC to submit a report by June 25, 2021, detailing how the commission will establish
and operate the OPP, including an organizational structure and budget, beginning in FY2022 and
funded through annual charges and filing fees as authorized by the Federal Power Act and the
Omnibus Budget Reconciliation Act of 1986.98 In accordance with this requirement, on June 24,
2021, FERC published a report laying out its plans to develop the OPP, including staffing to assist
the public with learning about, and participating in, FERC proceedings.99 In October 2021, the
FERC chairman announced the appointment of the OPP’s first director.100
Recent Executive Orders
The development of energy pipelines has been a focus of the last four presidents. The Bush,
Obama, Trump, and Biden Administrations issued a series of executive orders directed at the
federal permitting of infrastructure projects, specifically including energy infrastructure. A
number of these orders have been applicable to interstate natural gas pipelines under FERC’s
jurisdiction. Exactly how these orders have affected, or may affect, federal review of interstate
95 See, for example, U.S. Senator Jeanne Shaheen, “Shaheen Reintroduces Legislation to Boost Public Participation in
Approval of Energy Projects and Rates,” press release, May 15, 2019.
96 121 FERC ¶ 61,184.
97 Richard Glick, FERC Chairman, online video, FERC official Facebook page, April 13, 2021,
https://www.facebook.com/watch/?v=264040458557354.
98 “Explanatory Statement Submitted by Mrs. Lowey, Chairwoman of the House Committee on Appropriations,
Regarding the House Amendment to the Senate Amendment to, Consolidated Appropriations Act, 2021,”
Congressional Record, daily edition, vol. 166 (December 21, 2020), p. H8378.
99 FERC, The Office of Public Participation, June 24, 2021.
100 FERC, “Glick Announces Appointment of Elin Katz as Director of FERC’s New Office of Public Participation,”
press release, October 12, 2021.
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natural gas pipeline siting is not entirely clear, however, due to the complexity of the certification
process and permit obligations under related statutory requirements (e.g., NEPA).
Executive Order 13212
President George W. Bush issued Executive Order (E.O.) 13212 in 2001. Focusing specifically on
“energy-related projects,” the order directs federal agencies to “expedite their review of permits
or take other actions as necessary to accelerate the completion of such projects, while maintaining
safety, public health, and environmental protections.”101 In the context of natural gas pipelines,
the principal outcome of this order was the 2002 interagency agreement on early coordination of
pipeline certificate review, which remains in force. In 2005, FERC also signed a memorandum of
understanding with the Corps expanding upon this agreement “to further streamline respective
regulatory processes” consistent with the executive order.102
Executive Order 13604
President Obama issued E.O. 13604 in 2012, “to significantly reduce the aggregate time required
to make decisions in the permitting and review of infrastructure projects by the Federal
Government, while improving environmental and community outcomes.”103 Among other
requirements, the order called for federal agencies to select “infrastructure projects of national or
regional significance” to track on the online Federal Infrastructure Projects Dashboard (§2(c)).
In the context of this executive order, the Administration cited as a best practice for “preapplication/application improvements” FERC’s certificate pre-filing process, which was already
in place at the time.104 A 2013 Presidential Memorandum expanded upon the order, directing the
Steering Committee on Federal Infrastructure Permitting and Review Process Improvement
established by E.O. 13604 “to modernize Federal infrastructure review and permitting
regulations, policies, and procedures to significantly reduce the aggregate time required by the
Federal Government to make decisions in the review and permitting of infrastructure projects,”
including pipelines.105 However, it is not clear to what extent, if any, the executive order and
memorandum may have led to changes to aspects of FERC certification for pipelines. None of the
three pipelines from this period presumably identified as being “of national or regional
significance” (because they were listed on the federal permitting dashboard) were natural gas
pipelines.106
101 Executive Order 13212, “Actions to Expedite Energy-Related Projects,” May 18, 2001.
102 Department of the Army, “Memorandum of Understanding between the Army Corps of Engineers and the Federal
Energy Regulatory Commission for Interstate Natural Gas Pipeline Projects,” July 11, 2005, https://www.ferc.gov/
legal/mou/mou-30.pdf.
103 Executive Order 13604, “Improving Performance of Federal Permitting and Review of Infrastructure Projects,”
March 22, 2012. In a memorandum released the same day, the President called on federal agencies to “coordinate and
expedite their reviews, consultations, and other processes as necessary to expedite decisions related to domestic
pipeline infrastructure projects,” but this directive was limited to a “domestic pipeline system for the transportation of
crude oil.” See The White House, “Presidential Memorandum—Expediting Review of Pipeline Projects from Cushing,
Oklahoma, to Port Arthur, Texas, and Other Domestic Pipeline Infrastructure Projects,” March 22, 2012.
104 The White House, Implementing Executive Order 13604 on Improving Performance of Federal Permitting and
Review of Infrastructure Projects, June 2012, p. 26.
105 The White House, “Modernizing Federal Infrastructure Review and Permitting Regulations, Policies, and
Procedures,” Presidential memorandum, May 17, 2013.
106 Federal Permitting Improvement Steering Council, “Permitting Dashboard,” online database, May 21, 2018,
https://www.permits.performance.gov/projects. The three listed projects were oil pipelines and are currently
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Executive Order 13766
Issued by President Trump in January 2017, the order was intended “to streamline and expedite,
in a manner consistent with law, environmental reviews and approvals for all infrastructure
projects, especially projects that are a high priority for the Nation, such as ... pipelines.”107 Among
other provisions, the order permitted governors, federal department and agency heads, or the
FERC chairman to request “high priority” status for a project with respect to “expedited
procedures and deadlines for completion of environmental reviews and approvals” (§3). CRS has
identified no interstate natural gas pipelines which were classified as high priority under this
order.
Executive Order 13777
Issued by President Trump on February 2017, the order was intended “to lower regulatory
burdens on the American people by implementing and enforcing regulatory reform.”108 The order
required agencies to evaluate existing regulations and identify regulations for repeal, replacement,
or modification. Targeted regulations included those that, among other considerations, eliminated
jobs (or inhibited job creation); were outdated, unnecessary, or ineffective; or imposed costs that
exceeded benefits. In response to the order, FERC “established a regulatory reform task force to
perform a thorough review of the Commission’s regulations, policies, and processes, and to
identify opportunities to reduce regulatory burdens.”109 The commission also issued its April 2018
NOI regarding its pipeline certification policies.
Executive Order 13783
Issued by President Trump in March 2017, the order generally aimed to establish a policy to
promote domestic energy development and use, and ensure affordable and reliable electricity. To
accomplish these broad goals, the order directed executive agencies to review their existing
regulations and “appropriately suspend, revise, or rescind those that unduly burden” domestic
energy production or use, “with particular attention to oil, natural gas, coal, and nuclear energy
resources.”110 The order also rescinded guidance intended to help federal agencies determine how
and when to assess climate change effects and costs in rulemakings and environmental reviews.
As directed by the order, the CEQ withdrew its 2016 guidance, Consideration of Greenhouse Gas
Emissions and the Effects of Climate Change in National Environmental Policy Act Reviews. In
June 2019, CEQ published draft NEPA guidance on consideration of greenhouse gas emissions
intended to replace the 2016 guidance.111
Being an independent agency, FERC was not subject to the executive order. Nonetheless, in
November 2017, the commission voluntarily submitted a report reviewing FERC actions pursuant
to the order, which, among other things, encompassed the commission’s regulations, guidance
documents, and policies related to pipeline certification and environmental review under
categorized as “legacy” projects.
107 Executive Order 13766, “Expediting Environmental Reviews and Approvals for High Priority Infrastructure
Projects,” January 24, 2017.
108 Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” February 24, 2017.
109 FERC, “Federal Energy Regulatory Commission One Federal Decision Implementation Plan,” July 9, 2018, p. 3.
110 Executive Order 13783, “Promoting Energy Independence and Economic Growth,” March 28, 2017.
111 Council on Environmental Quality, “Draft National Environmental Policy Act Guidance on Consideration of
Greenhouse Gas Emissions,” 84 Federal Register 30097-30099, June 26, 2019.
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NEPA.112 The report concluded that “the majority of agency actions relating to the siting and
construction of interstate natural gas transportation ... do not materially burden the transportation
or delivery of domestically produced natural gas,” and that there was “no need for the
Commission to consider any revision to this regulation.”113
Executive Order 13807
Issued by President Trump in August 2017, the order was intended “to ensure that the Federal
environmental review and permitting process for infrastructure projects is coordinated,
predictable, and transparent.” The explicit goal of the order was to complete federal
environmental reviews and permitting decisions for major projects within two years of
application (§2(h)).114 A key component of E.O. 13807 was a “One Federal Decision” framework,
whereby each “major” infrastructure project had one lead federal agency responsible for the
overall permit process and issuing one Record of Decision, incorporating individual decisions
from cooperating or participating agencies (§5(b)).
In April 2018, the FERC chairman signed a memorandum of understanding (MOU) with other
federal agencies to implement E.O. 13807.115 Under the MOU, the agencies agree to “undertake
to meet the goal set forth in E.O. 13807 of reducing the time to two years for each agency to
complete all environmental reviews and authorization decisions for major infrastructure projects”
through implementation of One Federal Decision, communication, concurrent reviews, adherence
to a review timetable, and commitment to agency-specific and collective review process
enhancements (§V). FERC already was the lead agency for pipeline certificate environmental
review and had statutory authority to set a review timetable under EPAct, so it appears the impact
of the MOU may have been primarily from cooperating agency coordination and setting the twoyear goal. It is an open question how the MOU has affected FERC’s ongoing review of pipeline
certificate applications. Nonetheless, FERC stated at the time that it was “committed to carrying
out the goals of Executive Order 13807 to improve the efficiency, timing, and overall
predictability of the certification process.”116
Executive Order 13868
Issued by President Trump in April 2019, the order stated that “outdated federal guidance and
regulations regarding Section 401” of the Clean Water Act are “causing confusion and uncertainty
and are hindering the development of energy infrastructure.”117 Among other things, the order
directed the Environmental Protection Agency (EPA) to review and issue new guidance to
supersede the existing Section 401 guidance and to revise the agency’s existing Section 401
112 FERC, “Final Report: Review of Federal Energy Regulatory Commission Agency Actions Pursuant to Executive
Order 13783, Promoting Energy Independence and Economic Growth,” 82 Federal Register 50517-50523, November
1, 2017.
113 Ibid., p. 50521.
114 Executive Order 13807, “Establishing Discipline and Accountability in the Environmental Review and Permitting
Process for Infrastructure Projects,” August 15, 2017.
115 The White House, “Memorandum of Understanding Implementing One Federal Decision Under Executive Order
13807,” April 9, 2018, https://www.whitehouse.gov/wp-content/uploads/2018/04/MOU-One-Federal-Decision-m-1813-Part-2.pdf.
116 Federal Energy Regulatory Commission (FERC), Certification of New Interstate Natural Gas Facilities, Notice of
Inquiry, Docket No. PL18-1-000, April 19, 2018, p. 22.
117 Executive Order 13868, “Promoting Energy Infrastructure and Economic Growth,” April 10, 2019.
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implementing regulations. The order instructed EPA to focus on the need to promote timely
federal-state cooperation, the appropriate scope of water quality reviews, the types of conditions
that may be appropriate to include in a certification, expectations for review times for different
types of certification requests, and the nature and scope of information states may need to act on a
certification request. EPA subsequently issued revised Section 401 guidance and, in July 2020, a
final water quality certification rule which replaced the prior implementing regulations.118
Although not directed at FERC, the EPA’s guidance and rulemaking was intended, in part, to
facilitate the state permitting of interstate natural gas pipelines also under FERC’s NGA
jurisdiction.
Executive Orders 13990, 13992, and 14008
President Biden has issued several executive orders that affect interstate natural gas pipeline
siting. First, on January 20, 2021, the President issued E.O. 13990 asserting a policy to, among
other things, “hold polluters accountable, including those who disproportionately harm
communities of color and low-income communities; to reduce greenhouse gas emissions; to
bolster resilience to the impacts of climate change; ... and to prioritize ... environmental
justice.”119 The order directs all executive departments and agencies to review and address the
promulgation of regulations and other actions during the last four years that conflict with these
objectives, “and to immediately commence work to confront the climate crisis.”120 This order also
revokes Executive Orders 13766, 13783, 13807, and 13868.
On January 25, 2021, President Biden also issued E.O. 13992, which “revokes harmful policies
and directives that threaten to frustrate the Federal Government’s ability to confront ... problems”
including the COVID-19 pandemic, economic recovery, racial justice, and climate change.121 The
order revokes Executive Order 13777.
On January 27, 2021, President Biden issued E.O. 14008, which asserts an Administration policy
“to organize and deploy the full capacity of its agencies to combat the climate crisis to implement
a Government-wide approach that reduces climate pollution in every sector of the economy” and
“delivers environmental justice,” among other objectives.122 Although FERC, being an
independent agency, is not directly subject to these executive orders, the commission stated in
March 2021 that “there have been a series of recent administrative changes,” specifically E.O.
13990 and E.O. 14008, “and we continue to evaluate their impact on our review process.”123
Legislative Proposals
Over the last 20 years, Congress has acted frequently to oversee FERC’s certification of interstate
natural gas pipelines through hearings and correspondence with the commission.124 Members of
118 Environmental Protection Agency, “Clean Water Act Section 401 Certification Rule,” 85 Federal Register 42210-
42287, July 13, 2020.
119 Executive Order 13990, “Protecting Public Health and the Environment and Restoring Science to Tackle the
Climate Crisis,” January 20, 2021.
120 Ibid.
121 Executive Order 13992, “Revocation of Certain Executive Orders Concerning Federal Regulation,” January 25,
2021.
122 Executive Order 14008, “Tackling the Climate Crisis at Home and Abroad,” January 27, 2021.
123 FERC, East Lateral XPress Project, Environmental Assessment, Docket No. CP20-527-000, March 2021, p. 72.
124 See, for example, U.S. Representative Stephen F. Lynch, and U.S. Senators Elizabeth Warren and Edward Markey,
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Congress also have proposed legislation to change FERC’s review of gas pipeline certificate
applications, either specifically or as one category among a broader range of infrastructure
projects. Proposals also have sought to change FERC’s regulations with respect to certificates it
has issued to pipeline developers.
Proposals in Prior Congresses
In the 111th-116th Congresses, bills which were not enacted sought to increase FERC public
hearings, limit eminent domain authority, expand the scope of FERC’s environmental review,
require regional review of multiple projects, and impose specific deadlines on FERC and
cooperating agencies, among other measures. Title 41 of the Fixing America’s Surface
Transportation Act (P.L. 114-94; FAST-41), which became law in December 2015, revised the
process for federal approval of a range of major infrastructure projects by establishing best
practices, requiring coordination of federal agency review of projects, and shortening the period
for challenges to final decisions for issuing project permits. Infrastructure projects covered by the
act are those requiring environmental review under NEPA and requiring investment exceeding
$200 million (§41001).125 As of May 2022, the permitting dashboard listed 10 projects involving
natural gas pipelines (7 with completed permit reviews and 3 cancelled) covered under FAST-41
with FERC as the lead agency.126 A summary table of the relevant legislative proposals in the
111th-116th Congresses is provided in the Appendix.
Legislative Proposals in the 117th Congress
Some Members of Congress have introduced legislative proposals in the 117th Congress involving
FERC’s certification authority or review process. Table 1 summarizes the key provisions in these
bills related to natural gas pipeline certification. As the table shows, the proposals variously
would require FERC to collectively review multiple pipelines proposed in the same region, hold
more public meetings, restrict the use of eminent domain, meet shorter permit review deadlines,
suspend proposed policy changes, and more broadly consider greenhouse gas emissions. Some
would require environmental monitoring of completed pipelines and mandate greater cooperation
and transparency of permit review by federal agencies.
Table 1. Current Legislative Proposals Involving FERC Certification of Pipelines
(117th Congress)
Bill Title
Bill Number
Key FERC Provisions
Landowner Fairness Act
S. 641
Would require FERC to consider certain factors in
pipeline permitting, would modify eminent domain
requirements, and would prohibit using NGA
eminent domain for a pipeline built for exports.
Ending Natural Gas Companies’ Seizure of
Land for Export Profits Act
S. 655
Would prohibit the use of eminent domain by a
FERC permit holder for a pipeline to be built
substantially for exports.
letter to the Honorable Richard Glick, Chairman, FERC, February 19, 2021, https://lynch.house.gov/index.cfm?a=
Files.Serve&File_id=CDF3115A-C4E0-4B4C-9C4F-EC87566542ED.
125 The Office of Management and Budget (OMB) and Council on Environmental Quality (CEQ) jointly issued
guidance for agencies to comply with FAST-41. See OMB and CEQ, “Guidance to Federal Agencies Regarding the
Environmental Review and Authorization Process for Infrastructure Projects,” memorandum, January 13, 2017.
126 Federal Permitting Improvement Steering Council, “Federal Infrastructure Permitting Dashboard,” online database,
May 25, 2022, accessible at https://www.permits.performance.gov/projects.
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Bill Title
Bill Number
Key FERC Provisions
Rebuild America Now Act
S. 1254
Would impose a one-year deadline on FERC review
for pipeline permit applications, and would impose a
90-day deadline after FERC’s final environmental
document on other federal agency permit decisions.
Energy Freedom Act
S. 3762
H.R. 7094
Would impose a one-year deadline on FERC review
permit decisions for pipeline permit applications and
requires permit approval for projects that meet
federal pipeline safety standards.
Ensuring National Security Using Reliable
Energy (ENSURE) Act
S. 3908
Would bar FERC’s February 2022 policy statements
from taking effect without certification that (1)
pipeline natural gas supplies do not pose a reliability
risk to the bulk power system and (2) natural gas and
electricity prices are stabilized at historical levels.
FREE American Energy Act
S. 3982
Would require FERC and other federal agencies to
approve or deny permits for natural gas pipeline
projects within 60 days.
Environmental Justice Mapping and Data
Collection Act of 2021
H.R. 516
Would establish an interagency Environmental Justice
Mapping Committee, including FERC, to create a tool
to identify environmental justice communities.
CLEAN Future Act
H.R. 1512
Would revise and fund FERC’s Office of Public
Participation to represent the interests of the public
in NGA-related proceedings. Would prohibit
pipeline companies from using NGA eminent domain
authority until they have all necessary federal and
state permits and comply with environmental permit
conditions. Would also prohibit using eminent
domain for natural gas pipelines to be built for
import or export.
Promoting Interagency Coordination for
Review of Natural Gas Pipelines Act
H.R. 1616
Would expand FERC’s authority to act as the lead
agency for coordinating all federal authorizations and
NEPA environmental reviews with respect to a
natural gas pipeline project. Also would require
consultation with the Transportation Security
Administration regarding pipeline security.
Safe and Accountable Federal Energy
Review for Pipelines Act of 2021
H.R. 2115
Would require FERC to conduct an evidentiary
hearing and/or cumulative review of major energy
infrastructure projects planned throughout a region.
Would require FERC to consider the existence of
other regional pipelines or underutilized pipeline
capacity in permit application reviews. Would
require FERC to monitor environmental impacts of
all approved and constructed projects for five years.
To amend the Natural Gas Act with
respect to actions for eminent domain by
holders of certificates of public
convenience and necessity, and for other
purposes.
H.R. 2889
Would prevent pipeline companies from using NGA
eminent domain authority until they have all
necessary federal and state permits for construction
and operation.
Ukraine Assistance and American Energy
Acceleration Act
H.R. 7012
Would require FERC to permit pipelines “bona fide
engaged” in natural gas transportation and sales, and
requires permit approval for projects that meet
federal pipeline safety standards.
Sources: http://www.congress.gov, CRS analysis.
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Notes: FERC = Federal Energy Regulatory Commission, NEPA = National Environmental Policy Act, NGA =
Natural Gas Act.
FERC’s Policy Review
As discussed earlier, FERC’s review of pipeline certificate applications is guided by its Policy
Statement on Certification of New Interstate Natural Gas Pipeline Facilities issued in 1999. In
December 2017, the FERC chairman announced that the commission would undertake a review
of its permitting policies and procedures for interstate natural gas pipelines. Accordingly, in April
2018, the commission issued an NOI “to examine its policies in light of changes in the natural gas
industry and increased stakeholder interest in how it reviews natural gas pipeline proposals.”127
More specifically, the commission’s notice posed “a range of questions that reflected concerns
raised in numerous public comments, court proceedings and other forums,” and sought input on
“potential changes to both the existing Policy Statement and the structure and scope of the
Commission’s environmental analysis” as well as “feedback on the transparency, timing, and
predictability of its certification process.”128
According to its notice, FERC’s inquiry focused on four general aspects of its certificate
application review, with specific questions posed under each aspect
relying on precedent agreements to demonstrate project need,
eminent domain and landowner interests,
evaluating project alternatives and environmental effects, and
the efficiency and effectiveness of FERC’s certificate processes.129
FERC’s inquiry was opened for public comments through July 25, 2018.130 However, according
to the NOI, the commission intended to make no decisions on possible further action related to its
inquiry until it had reviewed the comments filed; the commission did not state any timetable for
completing this review.131 (FERC issued its 1999 policy statement over 13 months after
publishing an NOI for that proceeding.132) Through 2020, the commission took no further action
related to the NOI.
Reopening the Policy Review
On January 21, 2021 President Biden appointed a new FERC chairman (elevating a commissioner
who joined FERC in 2017).133 The appointment followed the November 30, 2020, Senate
confirmation of two new commissioners, restoring FERC to its full statutory complement of five
commissioners.134 On February 18, 2021, under its new chairman, FERC announced that it had
127 FERC, “Commission Initiates Notice of Inquiry into Pipeline Certificate Policy Statement,” press release, R-18-16,
April 19, 2018.
128 Ibid.
129 FERC 2018 NOI, pp. 45-46.
130 FERC, “Certification of New Interstate Natural Gas Facilities,” 83 Federal Register 24780, May 30, 2018. The
comment period was extended 30 days from an original closing date of June 25, 2018.
131 FERC 2018 NOI, p. 4.
132 FERC, “Regulation of Interstate Natural Gas Transportation Services,” Notice of Inquiry, 63 Federal Register
42974, 84 FERC ¶ 61,087, July 29, 1998.
133 FERC, “President Biden Names Glick Chairman of FERC,” press release, January 21, 2021.
134 FERC, “Senate Votes to Confirm Christie, Clements to Commission,” press release, November 30, 2020.
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“reopened” its review of the 1999 policy statement and published a new NOI “asking for new
information and additional perspectives that would assist the Commission in moving forward
with its review ... looking to build upon the record already established.”135 In the announcement,
the FERC chairman stated “it’s important to recognize that many changes have occurred since our
initial inquiry three years ago.” At an industry event, the FERC chairman subsequently stated “we
have ... reinvigorated a proceeding that was begun many years ago,” noting that “our whole
process has come under some criticism—I’ve been critical of some aspects of it.”136
The 2021 NOI reaffirmed the commission’s interest in the four general aspects of its certificate
application review covered in its 2018 NOI, some with modification. It also posed new questions
on an additional issue area examining FERC’s “identification and addressing of any
disproportionately high and adverse human health or environmental effects of its programs,
policies, and activities on environmental justice communities and the mitigation of those adverse
impacts and burdens.”137 The NOI solicited new information and stakeholder perspectives related
to the following five aspects of review, again, with specific questions posed under each aspect:
potential adjustments to determination of need,
eminent domain and landowner interests,
consideration of environmental impacts,
efficiency of the commission’s review process, and
consideration of effects on environmental justice communities.138
The initial deadline for comments in the NOI was April 26, 2021, but it was subsequently
extended to May 26, 2021.139 The commission established no deadline for taking further actions
with respect to the NOI, although the chairman stated, “I suspect we’ll be able to act ..., hopefully
soon on this gas pipeline certificate proceeding.”140 Any FERC pipeline certification activities or
decisions in the meantime were to be made in accordance with the 1999 policy statement.
Moreover, the FERC Chairman stated that “the Commission will not wait to act on Certificate
applications while we consider options for improving the process.”141 However, with the
departure of a FERC commissioner in August 2021 (bringing the number of sitting
commissioners down to four), some analysts suggested that FERC could be “deadlocked” on any
proposed policy changes and so it was unlikely to finalize them without an additional voting
member.142
135 FERC, “FERC Revisits Review of Policy Statement on Interstate Natural Gas Pipeline Proposals,” press release,
February 18, 2021.
136 Richard Glick, FERC Chairman, remarks at the Women’s Council on Energy and the Environment, Virtual
Executive Series, April 29, 2021, video available at https://youtu.be/NT0jnNl6tpw.
137 FERC 2021 NOI, p. 4.
138 FERC 2021 NOI.
139 FERC, “Notice Extending Time for Comments,” Docket No. PL18-1-000, March 31, 2021.
140 Richard Glick, April 29, 2021.
141 Richard Glick, May 21, 2021.
142 Robert Walton, “With FERC Now Split 2-2, Clean Energy Advocates Call for Caution and Urgency to Fill Vacant
Seat,” Utility Dive, September 3, 2021, https://www.utilitydive.com/news/with-ferc-now-split-2-2-clean-energyadvocates-call-for-caution-and-urgenc/606038/.
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Issuance of New Policy Statements
On December 13, 2021, a new FERC commissioner appointed by President Biden was sworn in,
restoring the commission to a full complement of five members.143 Approximately two months
later, FERC issued its two updated policy statements for the certification of interstate natural gas
pipelines and infrastructure. As discussed above, the first policy statement established a new
“analytical framework” for evaluating pipeline certificate applications, and the second established
FERC’s interim policy for examining the GHG impacts of and integrating climate considerations
into pipeline certificate decisions.
The two policy statements were approved by a 3-2 vote. One commissioner dissented on the
grounds that the statements, taken together, would
have profound implications for the ability of natural gas companies to secure capital, on
the timelines for ... applications to be processed, and on the costs that a pipeline and its
customers will bear as a result of the potentially unmeasurable mitigation that the majority
expects each company to propose when filing its application and the possibility of further
mitigation measures added unilaterally by the Commission. 144
Another commissioner dissented on the grounds that the changes in the new certificate policy
would “exceed the Commission’s legal authority under the NGA and NEPA,” and would make it
“even more costly and difficult to build the infrastructure that will be critically needed to
maintain reliable power service to consumers as the generation mix changes to incorporate lower
carbon-emitting resources.”145
Reaction and Reconsideration
Reaction in Congress to the new FERC policy statements was mixed. For example, at a March 3,
2022, hearing of the Senate Energy and Natural Resources Committee, both the chairman and
ranking member were critical of the policy statements, with the chairman asserting that FERC
was “setting in motion a process that will serve to further shut down the infrastructure we
desperately need as a country and further politicize energy development.”146 However, other
committee members were supportive of the policy statements, agreeing that they were required by
the courts and characterizing them, for example, as “common sense regulation.”147 The chairman
of the House Energy and Commerce Committee also expressed support for FERC’s policies as
“necessary and long-overdue actions” which were “consistent with ... court directives.”148
Reaction to FERC’s new policy statements among key stakeholders was also mixed. One gas
pipeline trade association objected to them on the grounds that the policy statements created
additional uncertainty for pipeline developers, unfairly changed policies for pending permit
143 FERC, “Willie L. Phillips Sworn in as FERC Commissioner,” press release, December 13, 2021.
144 James Danly, FERC Commissioner, Certification of New Interstate Natural Gas Facilities, Docket No.
PL18-1-000, Dissent, February 18, 2022, p. 2.
145 Mark Christie, FERC Commissioner, Certification of New Interstate Natural Gas Facilities, Docket No.
PL18-1-000, Dissent, February 18, 2022, p. 2.
146 Sen. Joe Manchin, Remarks before the Senate Energy and Natural Resources Committee hearing “To Review
FERC’s Recent Guidance On Natural Gas Pipelines,” March 3, 2022.
147 Sen. Angus King, Remarks before the Senate Energy and Natural Resources Committee hearing “To Review
FERC’s Recent Guidance On Natural Gas Pipelines,” March 3, 2022.
148 Rep. Frank Pallone Jr., “Pallone Applauds FERC’s Decision to Consider Climate, Environmental Justice in Natural
Gas Certification Process,” press release, House Energy and Commerce Committee, February 17, 2022.
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applications, applied an arbitrary threshold in considering GHG emissions, was unclear about the
nature of GHG mitigation requirements, and imposed such requirements outside of FERC’s
jurisdiction.149 Other trade associations filed motions for rehearing, arguing among other things
that FERC had overstepped its NGA authority, and that the commission’s process for establishing
its new policy statements was not transparent, lacking sufficient opportunity for stakeholder
input.150 Environmental groups, on the other hand, supported the policy statements, describing
them, for example, as “sorely needed” and “putting in place a process that better reflects
[FERC’s] legal duties and restores balance to its reviews of new gas pipelines and affiliated
infrastructure.”151
In light of the reactions in Congress and among energy sector stakeholders, on March 24, 2022,
FERC issued an order redesignating both of its both policy statements as drafts. According to the
FERC chairman,
in light of concerns that the policy statements created further confusion about the
Commission’s approach to the siting of natural gas projects, the Commission decided it
would be helpful to gather additional comments from all interested stakeholders, including
suggestions for creating greater certainty, before implementing the new policy
statements.152
FERC’s order invited additional comments by April 25, 2022 (and reply comments by May 25,
2022), but did not indicate when revised policy statements might be issued. The commission
stated that the two draft policy statements would not apply to pending or new permit applications
before the commission issues any final guidance. Because a FERC policy statement is a guidance
document, not a regulation or statute, the commission has considerable discretion regarding if,
when, and how it will apply any policy changes to pending certificate applications.153
Policy Issues for Congress
Congress has been interested in the development of natural gas pipelines for decades, with a
particular focus on siting and environmental impacts in recent years. Some in Congress generally
see such pipeline development as positive, primarily due to its perceived economic benefits in
terms of construction employment, lower natural gas prices, and environmental benefits relative
to burning more carbon-intensive fossil fuels (i.e., coal). Others generally view gas pipeline
development more critically, primarily due to environmental concerns from greenhouse gas
emissions. Still others are focused primarily on the local effects of gas pipeline development
related to public safety, the impacts on lands, the acquisition of private property through eminent
domain, and impacts on environmental justice communities. The geopolitical importance of
secure natural gas supplies to U.S. allies is yet another factor which has become important given
149 Interstate Natural Gas Association of America, “INGAA Reacts to FERC Certificate Policy Statement Changes,”
press release, February 17, 2022.
150 American Petroleum Institute, “API Files Motion for Rehearing on FERC Policy Statement,” press release, March
18, 2022; Natural Gas Supply Association and the Center for LNG, “NGSA and CLNG Request Rehearing of FERC
Updated Certificate and Greenhouse Gas Policy Statements,” press release, March 18, 2022.
151 Gillian Giannetti and Morgan Johnson, “FERC’s New Gas Policies Bring Balance to Pipeline Reviews,” March 2,
2022, https://www.nrdc.org/experts/gillian-giannetti/fercs-new-gas-policies-bring-balance-pipeline-reviews-0.
152 FERC, “FERC Seeks Comment on Draft Policy Statements on Pipeline Certification, GHG Emissions,” press
release, March 24, 2022, https://www.ferc.gov/news-events/news/ferc-seeks-comment-draft-policy-statementspipeline-certification-ghg-emissions.
153 U.S. Court of Appeals for the District of Columbia, Consolidated Edison Company of New York, Inc., et al., v.
Federal Energy Regulatory Commission, No. 01-1345, January 17, 2003, https://www.cadc.uscourts.gov/internet/
opinions.nsf/4B1331E528B23FC485256F82005F46BE/$file/01-1345a.txt.
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Interstate Natural Gas Pipeline Siting: FERC Policy and Issues for Congress
the military conflict in Ukraine. Pipeline proponents would rather see more and faster pipeline
development, whereas opponents would rather see less—preferring instead a greater policy
emphasis on energy alternatives, such as renewable electricity generation, they view as more
environmentally or socially benign.
Because FERC has the statutory authority to approve or deny certificates for interstate natural gas
pipelines, the policy views above have led to persistent congressional scrutiny of FERC’s pipeline
certification process and decisions. Concerns about gas pipelines have motivated repeated
attempts at congressional intervention. In total, over 40 bills have been introduced since the 111th
Congress (over a dozen in the 117th Congress alone) which would affect various aspects of
FERC’s review of pipeline certificate applications. Of these, only the FAST Act (which seems to
have applied to only a few of FERC’s gas pipeline reviews) and the Consolidated Appropriations
Act, 2021 became law. Therefore, absent any other statutory changes, Congress must rely on
FERC to address policy concerns on its own volition in response to congressional oversight,
federal court decisions, and public input.
FERC’s ongoing proceedings regarding its pipeline certification policies cover a number of
congressional concerns raised either in oversight hearings or bill provisions in the 117th Congress.
Examples include eminent domain authority (H.R. 2115), environmental justice (H.R. 516),
determining market need (S. 1314), and natural gas exports (S. 655). Therefore, while FERC’s
policy review does not guarantee any particular changes to the gas pipeline certification status
quo, it may provide valuable information and context for congressional oversight. If Congress
disagrees with FERC’s future policy choices based on the findings of its policy statement
proceedings, those findings could provide an informed basis and clearer policy context for
subsequent legislative proposals.
Although recent executive and agency actions, including FERC’s agreements with other agencies
and its policy review, may lead to changes in FERC policies or process, they may apply only to
those aspects of gas pipeline regulation which fall directly within the commission’s statutory
authority under the Natural Gas Act or within its discretion under other federal statutes. This is a
significant limitation because much of FERC’s pipeline certificate review is environmental
review in compliance with NEPA. While the bills identified in this report, and FERC’s policy
review, could change how FERC interprets or fulfills its obligations under NEPA, they would not
amend NEPA itself. Likewise, they would not amend other federal statutes, such as the Clean
Water Act or the Clean Air Act, which also may have a bearing on gas pipeline siting approval.
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Interstate Natural Gas Pipeline Siting: FERC Policy and Issues for Congress
Appendix. Past FERC Permit Legislative Proposals
Table A-1. Past Legislative Proposals to Change FERC Certification of Pipelines
(111th through 116th Congresses)
Congress
111th
Bill Title
Bill
Number
Last Major
Action
Key FERC Provisions
To require [FERC] to
hold at least one public
hearing before
issuance of a permit
affecting public or
private land use in a
locality
S. 32
Referred to
Subcommittee
H.R. 1922
Referred to
Committee
112th
Reaffirming
Constitutional
Property Rights Act
H.R. 3913
Referred to
Subcommittee
Would have prohibited eminent domain
for pipelines to be constructed for
transporting natural gas to an LNG
terminal for export.
113th
American Energy
Solutions for Lower
Costs and More
American Jobs Act
H.R. 2
Passed in
House
113th
American Renaissance
in Manufacturing Act
H.R. 5360
Introduced
Both bills would have imposed on FERC a
12-month deadline to approve or deny
pipeline permit applications after pre-filing.
Would have required 90-day permit
review for pre-filed pipeline projects by
other federal agencies involved; if a permit
were not approved or denied by this
deadline, approval would have taken effect.
114th
North American
Energy Security and
Infrastructure Act of
2016
S. 2012
House/Senate
Conference
Held
Would have required FERC to identify and
notify agencies participating in certificate
review; federal permit decisions within 90
days of FERC completing NEPA review;
and concurrent review by cooperating
agencies of non-NEPA actions. Would have
required greater transparency in review
scheduling, status, and reporting of delays.
114th
Fixing America’s
Surface Transportation
(FAST) Act
H.R. 22
Became P.L.
114-94
Title 41 requires greater agency
coordination and oversight of federal
review for infrastructure projects (e.g.,
pipelines) subject to NEPA and requiring
investment over $200 million. Establishes a
Federal Permitting Improvement Steering
Council—including FERC—to oversee,
facilitate, and recommend schedules and
best practices for federal permitting.
Requires greater transparency in review
scheduling, status, and reporting of delays.
114th
Natural Gas Pipeline
Permitting Reform Act
H.R. 161
Passed in
House
Would have imposed on FERC a 12-month
deadline to approve or deny pipeline
permit applications after pre-filing. Would
have required 90-day permit review for
pre-filed pipeline projects by other federal
agencies involved; if a permit were not
approved or denied by this deadline,
approval would have taken effect.
Congressional Research Service
Would have required FERC to hold a
public hearing in each county and locality
affected by a pipeline proposal. Also would
have required additional public hearings, if
requested, for issues not addressed in an
initial hearing.
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Interstate Natural Gas Pipeline Siting: FERC Policy and Issues for Congress
Congress
Bill Title
Bill
Number
Last Major
Action
Key FERC Provisions
114th
Safer Pipelines Act of
2016
H.R. 5630
Referred to
Committee
If a proposed pipeline expansion were
challenged, would have required a FERC
evidentiary hearing on the need for
expansion or a cumulative review of
energy projects planned in the region. For
new pipelines, would have required FERC
to consider under NEPA the cumulative
impacts of other pipeline projects in the
same state or within 100 miles.
115th
Timely Review of
Infrastructure Act
S. 8
Referred to
Committee
115th
Timely Review of
Infrastructure Act
H.R. 6552
Referred to
Subcommittee
Would have authorized FERC to raise staff
pay so as to carry out its functions in a
timely, efficient, and effective manner.
115th
Public Engagement at
FERC Act
S. 1240
Referred to
Committee
115th
Public Engagement at
FERC Act
H.R. 2656
Referred to
Subommittee
115th
Pipeline Fairness and
Transparency Act
S. 1314
Referred to
Subcommittee
115th
Pipeline Fairness and
Transparency Act
H.R. 2893
Referred to
Committee
115th
Independent Agency
Regulatory Analysis
Act of 2017
S. 1448
Referred to
Committee
115th
Promoting Interagency
Coordination for
Review of Natural Gas
Pipelines Act
H.R. 2910
Passed in
House
115th
Energy and Natural
Resources Act of 2017
S. 1460
Committee
Hearings Held
Congressional Research Service
Would have revised and expanded FERC’s
Office of Public Participation to represent
the interests of the public in proceedings
on rates, service, and infrastructure siting.
Would have required FERC to prepare a
supplemental EIS for an application if FERC
makes a substantial change or in case of
new environmental circumstances or
information. Also would have required
environmental impact mitigation plans;
public meetings in project counties; and
review of cumulative visual impacts on
national scenic trails. S. 1314 also would
have required multiple pipelines proposed
within 100 miles of each other to be
evaluated as one project under NEPA.
Would have authorized the President to
require an independent regulatory agency
to comply with analysis requirements
applicable to other federal agencies, and
assess costs and benefits of economically
significant rules and alternatives.
Would have required FERC to identify and
notify agencies participating in review.
Would have required federal permit
decisions within 90 days of FERC
completing NEPA and concurrent review
by cooperating agencies of non-NEPA
actions. Would have required greater
transparency in review scheduling, status,
and reporting of delays.
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Interstate Natural Gas Pipeline Siting: FERC Policy and Issues for Congress
Congress
Bill Title
Bill
Number
Last Major
Action
Key FERC Provisions
115th
Rebuild America Now
Act
S. 1756
Committee
Hearings Held
Would have imposed on FERC a one-year
deadline to approve or deny pipeline
permit applications after pre-filing. Would
have required 90-day permit review for
pre-filed pipeline projects by other federal
agencies involved; if a permit were not
approved or denied by this deadline,
approval would take effect. Would have
allowed aerial survey data to satisfy
pipeline permit preliminary requirements.
115th
Safer Pipelines Act of
2017
H.R. 2649
Referred to
Subcommittee
If a proposed pipeline expansion were
challenged, it would have required FERC to
assign the application to an administrative
law judge to conduct an evidentiary hearing
on the need for the expansion and report
the findings. Would have required FERC to
cumulatively review major energy projects
planned in the region. For new interstate
pipelines, would have required FERC to
consider under NEPA the cumulative
impacts of other projects in the same state
or within 100 miles.
115th
To require [FERC] to
consider greenhouse
gas emissions related
to natural gas
pipelines, and for
other purposes
H.R. 3241
Referred to
Committee
Would have required FERC environmental
reviews under NEPA to consider
greenhouse gas emissions from pipeline
construction and operation, and the
production, transportation, and
combustion of the natural gas to be
transported through the pipeline.
115th
Natural Gas Pipeline
Public Health
Protection Act of 2017
H.R. 4381
Referred to
Committee
Would have suspended construction of
FERC-certificated natural gas facilities until
remediation of air quality violations.
115th
No title
H.Amdt.
204 to
H.R. 2910
Not agreed to
Would have excluded from provisions in
H.R. 2910 pipelines on lands managed for
conservation or recreation.
115th
No title
H.Amdt.
206 to
H.R. 2910
Not agreed to
Would have required FERC to supplement
an environmental impact statement under
NEPA for a pipeline project if there is a
substantial change in the proposed action
or significant new circumstances or
information.
116th
Timely Review of
Infrastructure Act
S. 607
Reported by
Committee
Would have authorized FERC to raise staff
pay so as to carry out its functions in a
timely, efficient, and effective manner.
116th
Independent Agency
Regulatory Analysis
Act
S. 869
Referred to
Committee
Would have authorized the President to
require an independent regulatory agency
to comply with analysis requirements
applicable to other federal agencies, and
assess costs and benefits of economically
significant rules and alternatives.
116th
Public Engagement at
FERC Act
S. 1477
Referred to
Committee
Would have revised and expanded FERC’s
Office of Public Participation to represent
Congressional Research Service
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Interstate Natural Gas Pipeline Siting: FERC Policy and Issues for Congress
Congress
Bill Title
Bill
Number
Last Major
Action
Key FERC Provisions
116th
Public Engagement at
FERC Act
H.R. 3240
Referred to
Subcommittee
the interests of the public in proceedings
on rates, service, and infrastructure siting.
116th
Federal Permitting
Reform and Jobs Act
S. 1976
Referred to
Committee
116th
Federal Permitting
Reform and Jobs Act
H.R. 3671
Reported by
Subcommittee
Would have required FERC to report to
Congress recommendations on ways to
reconcile FERC permitting regulations with
requirements under the FAST Act.
116th
Pipeline Fairness,
Transparency, and
Responsible
Development Act of
2020
S. 4502
Referred to
Committee
Would have amended the NGA to address
landowner notice, eminent domain, and
environmental review for interstate natural
gas pipelines, as well as their impacts on
national scenic trails. Also would have set a
45-day deadline on FERC permit rehearing
decisions.
116th
Reaffirming Property
Rights Through
Natural Gas Act
Modernization Act
S. 4673
Referred to
Committee
Would have required FERC to consider
certain factors in issuing pipeline permits
and would modify eminent domain
requirements for pipeline construction.
116th
Consolidated
Appropriations Act,
2021
H.R. 133
Became P.L.
116-260
Committee report directs FERC to submit
a report detailing how it will establish and
operate the Office of Public Participation,
including an organizational structure and
budget, beginning in FY2022.
116th
Pipeline Fairness and
Transparency Act
H.R. 173
Referred to
Subcommittee
Would have amended the NGA to address
eminent domain and environmental review
for interstate natural gas pipelines, as well
as their impacts on national scenic trails.
116th
Reaffirming
Constitutional
Property Rights Act
H.R. 2198
Referred to
Subcommittee
Would have prohibited the use of eminent
domain by a FERC permit holder for a
pipeline supplying an LNG export facility.
116th
Promoting Interagency
Coordination for
Review of Natural Gas
Pipelines Act
H.R. 3983
Referred to
Committee
116th
Promoting Interagency
Coordination for
Review of Natural Gas
Pipelines Act
H.R. 7401
Referred to
Subcommittee
Would have required that federal, state,
and local agencies involved in
environmental review defer to FERC’s
approved scope for NEPA review. Would
have required FERC permit decisions
within 90 days of completing NEPA review.
Would require concurrent review by
cooperating agencies. H.R. 3983 also would
have required consultation with the
Transportation Security Administration
regarding pipeline security
116th
To require [FERC] to
consider greenhouse
gas emissions related
to natural gas
pipelines, and for
other purposes
H.R. 4657
Referred to
Subcommittee
Congressional Research Service
Would have required FERC environmental
reviews under NEPA to consider
greenhouse gas emissions from pipeline
construction and operation, and the
production, transportation, and
combustion of the natural gas to be
transported through the pipeline.
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Interstate Natural Gas Pipeline Siting: FERC Policy and Issues for Congress
116th
Fairness for
Landowners Facing
Eminent Domain Act
H.R. 5454
Referred to
Subcommittee
Would have prohibited or suspended the
use of eminent domain under a FERC
pipeline permit under certain
circumstances. Would have prohibited the
use of eminent domain attached to any
facility that imports or exports natural gas.
116th
Scenic Trail Viewshed
Protection Act
H.R. 7878
Referred to
Committee
Would have allowed FERC to permit
pipelines crossing or impacting the view
from a national scenic trail only under
certain conditions.
Source: http://www.congress.gov, CRS analysis.
Notes: FERC = Federal Energy Regulatory Commission, LNG = liquefied natural gas, NEPA = National
Environmental Policy Act, NGA = Natural Gas Act.
Author Information
Paul W. Parfomak
Specialist in Energy Policy
Acknowledgments
Lynn J. Cunningham, Senior Research Librarian, helped prepare the legislative tables in this report.
Disclaimer
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