On Aug. 1, 2016, the Council on Environmental Quality (CEQ) issued its Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act (NEPA) Reviews. CEQ issued the guidance in an endeavor “to provide greater clarity and more consistency in how agencies address climate change in the environmental impact assessment process.”  While this Alert focuses on NEPA reviews performed by the Federal Energy Regulatory Commission (FERC) of natural gas pipeline and liquefied natural gas projects, it is also instructive to companies contemplating the construction or financing of any major energy or infrastructure project.

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Tags: energy, FERC; NEPA; CEQ; GHG
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Photo of Francesca Ciliberti-Ayres‡ Francesca Ciliberti-Ayres‡

Francesca focuses her practice on energy regulatory and litigation matters before the Federal Energy Regulatory Commission (FERC), state public utility commissions, and the Court of Appeals. Her experience includes representing parties in major interstate natural gas and petroleum pipeline hearings involving complex multiparty…

Francesca focuses her practice on energy regulatory and litigation matters before the Federal Energy Regulatory Commission (FERC), state public utility commissions, and the Court of Appeals. Her experience includes representing parties in major interstate natural gas and petroleum pipeline hearings involving complex multiparty major rate cases, in certificate proceedings and confidential investigations before FERC involving natural gas, oil, and environmental matters, LNG licensing, tariff, and fuel proceedings. She also advises clients on ensuring compliance with regulatory requirements and environmental regulations.

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Photo of Howard L. Nelson Howard L. Nelson

Howard L. Nelson has more than 30 years of regulatory and litigation experience, the majority of which has been related to energy matters before the Federal Energy Regulatory Commission (FERC), state public utility commissions, and the Court of Appeals. His litigation experience includes…

Howard L. Nelson has more than 30 years of regulatory and litigation experience, the majority of which has been related to energy matters before the Federal Energy Regulatory Commission (FERC), state public utility commissions, and the Court of Appeals. His litigation experience includes representing parties in major interstate natural gas and petroleum pipeline hearings involving complex multiparty major rate cases, and in certificate, LNG licensing, restructuring, tariff, fuel, gas quality, merger, and interconnection proceedings. He also advises clients on virtually all aspects of natural gas, including LNG, and oil pipeline regulation, including project development, the design of transportation and storage services and rates, negotiating and drafting contracts, strategic planning, and ensuring compliance with regulatory requirements.

Howard has also assisted clients with due diligence investigations concerning acquisitions and financings of electric, solar and wind assets. Finally, Howard has briefed and argued several cases at the D.C. Circuit and 4th U.S. Circuit Court of Appeals.

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