Energy
FERC Lifts Ban on Gas Infrastructure Construction During Project Appeals
The Federal Energy Regulatory Commission has permanently lifted an existing ban on construction of natural gas pipelines, as well as liquefied natural gas export facilities and related infrastructure while it considers project appeals.
The Federal Energy Regulatory Commission has permanently lifted a ban on construction of natural gas pipelines, liquefied natural gas export facilities and related infrastructure while the agency considers appeals to project work.
The FERC final rule—which takes effect Nov. 10—removes regulations under Order No. 871 that were enacted in 2020 by the Biden administration, intended to better protect landowner rights and address concerns that projects could cause irreversible harm before challenges were resolved.
These were opposed by fossil fuel industry proponents, characterized as a stall tactic by opponents of projects.
With the change, now published in the Federal Register, a project can begin construction immediately after receiving a FERC certificate without waiting for a rehearing or litigation to conclude. The agency claims the change would shorten development schedules by months, offer more investment certainty and avoid project cancellations due to schedule-related cost overruns or permit expirations.
The final rule will replace an existing one-year suspension of the regulations, sought earlier this year by the Interstate Natural Gas Association of America, which is in effect until June 30, 2026.
Former FERC Chair Mark Christie said the regulations had become “a tool to get automatic stay on a project during rehearing” and were being “misused.” The agency said landowners can still appeal projects through court review and commission action on eminent domain challenges.
The Southern Environmental Law Center and about 30 other interest groups are set to continue an earlier challenge of the suspension, terming it an unlawful and “baseless” use of the “energy emergency” to remove protective requirements.
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