Pipeline Projects: Preparing for FERC Certification, Addressing Environmental Impacts

There is increased demand for new pipelines for natural gas. Federal, state, and local legal issues are often implicated when a pipeline is expanded or a new one is proposed. As part of the process to get an interstate gas pipeline project approved, companies must get Federal Energy Regulatory Commission (FERC) certification. The certification process includes pre-filing procedures and the analysis of potential environmental impacts. Many companies have had to resort to legal action in order to access properties to complete steps as part of the environmental review process.

Federal laws, including the NEPA, CWA, NHPA, and ESA, frequently are triggered in the pipeline approval process. Other regulatory entities, such as the Environmental Protection Agency, U.S. Army Corps of Engineers, National Park Service, U.S. Forest Service, Bureau of Land Management, and state and local agencies, commonly are involved as well. This interagency review process may be long and arduous and often presents many hurdles which must be overcome to get a pipeline in service.

Listen as our authoritative panel examines the FERC certification process, including the pre-filing procedures, application process and identification of stakeholders. The panel will also examine issues related to environmental review, including NEPA review. The panel will offer best practices for navigating the certification and environmental review process.

1. FERC certification process
   1. Pre-filing procedures
   2. Application process
   3. Identification of stakeholders
2. Environmental review process
   1. NEPA review
   2. Other laws involved
      1. Clean Water Act
      2. Clean Air Act
      3. Endangered Species Act
      4. National Historic Preservation Act
      5. Coastal Zone Management Act
      6. Rivers and Harbors Act of 1899
3. Best practices for navigating the certification process

The panel will review these and other key issues:

• What are the critical steps of the FERC certification process?
• What federal approvals and environmental reviews are necessary for a pipeline project to receive the final green light?
• How can the FAST-41 permitting improvement Act be used to help coordinate multi-agency review of interstate pipeline projects?
• What approaches can parties and counsel use to allocate risks and benefits, particularly in the face of potential third-party opposition to projects?
• What are some recent trends in FERC certification and environmental review of interstate pipeline projects?
• What are some best practices for project proponents to complete FERC certification and facilitate the federal environmental review process?
• What impact could President Trump’s Executive Order Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects have on the FERC certification process?