`UNITED STATES OF AMERICA
`FEDERAL ENERGY REGULATORY COMMISSION
`
`Before Commissioners: Mark C. Christie, Chairman;
` Willie L. Phillips, David Rosner,
` Lindsay S. See, and Judy W. Chang.
`
`Consideration of Greenhouse Gas Emissions in Natural
`Gas Infrastructure Project Reviews
`
`Docket Nos. PL213000
`PL213001
`
`ORDER TERMINATING PROCEEDING
`
`(Issued January 24, 2025)
`
`On February 18, 2022, the Federal Energy Regulatory Commission (Commission)
`1.
`issued an interim policy statement explaining how the Commission would assess the impacts
`of natural gas infrastructure projects on climate change in its reviews under the National
`Environmental Policy Act (NEPA) and the Natural Gas Act (NGA) (Interim Greenhouse Gas
`(GHG) Policy Statement).1 On March 24, 2022, the Commission made the Interim GHG
`Policy Statement a draft policy statement (draft GHG Policy Statement), invited further
`comment, and stated that the Commission would not apply the draft GHG Policy Statement
`to pending applications or applications filed before the Commission issued any final
`guidance in this docket.2 For the reasons discussed herein, we terminate the draft GHG
`Policy Statement proceeding.
`
`1 Consideration of Greenhouse Gas Emissions in Nat. Gas Infrastructure Project
`Reviews, 178 FERC ¶ 61,108 (2022). On February 18, 2022, the Commission also issued an
`updated policy statement (Updated Certificate Policy Statement) describing how the
`Commission would determine whether a new interstate natural gas transportation project is
`required by the public convenience and necessity under section 7 of the NGA. Certification
`of New Interstate Nat. Gas Facilities, 178 FERC ¶ 61,107 (2022).
`
`2 Certification of New Interstate Nat. Gas Facilities, 178 FERC ¶ 61,197, at P 2
`(2022). In the same order, the Commission also made the Updated Certificate Policy
`Statement a draft. Id. We note that this order does not affect the Updated Certificate Policy
`proceeding, which remains pending.
`
`
`
`Docket Nos. PL213000 and PL213001
`
`2
`
`I.
`
`Background
`
`On April 19, 2018, the Commission issued a Notice of Inquiry (2018 NOI)1 seeking
`2.
`information to help the Commission explore whether, and if so how, it should revise its
`approach for determining whether proposed projects are consistent with the public
`convenience and necessity under the currently effective policy statement on the certification
`of new interstate natural gas transportation facilities (Certificate Policy Statement).2 The
`2018 NOI included a background section discussing how the legal standards and historical
`context informed the creation of the Certificate Policy Statement in 1999, how the
`Commission’s evaluations under the Certificate Policy Statement and under NEPA have
`evolved, and how changed circumstances since 1999 have required the present review.3 The
`Commission sought input on whether, and if so how, the Commission should adjust its
`evaluation of the environmental impacts of a proposed project.
`
`In response to the 2018 NOI, the Commission received more than 3,000 comments
`3.
`from stakeholders including landowners; tribal, federal, state, and local government
`officials; nongovernmental organizations; consultants, academic institutions, and think
`tanks; natural gas producers, Commissionregulated companies, local distribution
`companies, and industry trade organizations; electricity generators and utilities; and others.
`Many comments addressed GHG emissions.
`
`On February 18, 2021, the Commission issued a new Notice of Inquiry (2021 NOI),4
`4.
`seeking comments to build upon the existing record established by the 2018 NOI. Of
`particular relevance here, the Commission posed several updated questions relating to GHG
`emissions, including asking: how the Commission could consider upstream impacts from
`natural gas production and downstream enduse impacts; how the Commission should
`determine the significance of a project’s GHG emissions’ contribution to climate change;
`whether the NGA, NEPA, or another federal statute authorize or mandate the use of the
`social cost of GHGs analysis by the Commission; how the Commission could determine
`whether a proposed project’s GHG emissions could be offset by reduced GHG emissions
`resulting from the project’s operations; and how the Commission could impose GHG
`emission limits or mitigation to reduce the significance of impacts from a proposed project
`
`1 Certification of New Interstate Nat. Gas Facilities, 163 FERC ¶ 61,042 (2018)
`(2018 NOI).
`
`2 Certification of New Interstate Nat. Gas Pipeline Facilities, 88 FERC ¶ 61,227
`(1999), clarified, 90 FERC ¶ 61,128, further clarified, 92 FERC ¶ 61,094 (2000).
`
`3 2018 NOI, 163 FERC ¶ 61,042 at PP 550.
`
`4 Certification of New Interstate Nat. Gas Facilities, 174 FERC ¶ 61,125 (2021)
`(2021 NOI).
`
`
`
`Docket Nos. PL213000 and PL213001
`
`3
`
`on climate change.5 With respect to determining significance, the 2021 NOI sought
`comment on (1) what type of metrics and models the Commission should consider in
`determining significance, (2) whether any level of emissions should be considered de
`minimis, and (3) how the social cost of GHGs tool or other tools could factor into
`determining significance.6 The Commission received over 35,000 comments and
`approximately 150 unique comment letters from a wide range of stakeholders.
`
`After issuing the draft GHG Policy Statement in 2022 and soliciting further input
`5.
`from stakeholders, the Commission received numerous additional comments.
`
`II.
`
`Discussion
`
`As described above, the Commission developed a lengthy record over the course of
`6.
`the draft GHG Policy Statement proceeding. Having thoroughly reviewed that record, we
`are now withdrawing the draft GHG Policy Statement and closing that proceeding. We
`find, based on the record that has been developed, that the issues addressed in that
`proceeding are, in general, better considered on a casebycase basis, when raised by parties
`to those proceedings, as the Commission has done following the issuance of the draft GHG
`Policy Statement.1
`
`The Commission orders:
`
`The Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure
`Project Reviews proceeding is terminated.
`
`By the Commission. Commissioner Phillips, Commissioner Rosner, and Commissioner
` Chang are concurring with a joint separate statement attached.
`
`( S E A L )
`
`DebbieAnne A. Reese,
`Secretary.
`
`5 Id. P 17. The Commission also held a technical conference on GHG mitigation on
`November 19, 2021. Notice of Technical Conference on Greenhouse Gas Mitigation:
`Natural Gas Act Sections 3 and 7 Authorizations, Docket No. PL213000 (Sept. 16, 2021).
`
`6 2021 NOI, 174 FERC ¶ 61,125 at P 17 (citations omitted).
`
`1 See Transcon. Gas Pipe Line Co., 190 FERC ¶ 61,048, at PP 8283 (2025).
`
`
`
`UNITED STATES OF AMERICA
`FEDERAL ENERGY REGULATORY COMMISSION
`
`Consideration of Greenhouse Gas Emissions in
`Natural Gas Infrastructure Project Reviews
`
`Docket Nos. PL213000
`PL213001
`
`(Issued January 24, 2025)
`
`PHILLIPS, Commissioner, ROSNER, Commissioner, CHANG, Commissioner,
`concurring:
`
`Since our confirmation hearings and first day as commissioners, we have been
`1.
`clear in our commitment to follow the law when evaluating applications for natural gas
`infrastructure projects. This includes rigorous compliance with the Natural Gas Act
`(NGA) and the National Environmental Policy Act (NEPA), as written by Congress and
`interpreted by federal courts. Given this commitment, we write separately to address
`today’s order closing this proceeding.
`
`The consideration of greenhouse gas (GHG) emissions in our review of natural gas
`7.
`infrastructure projects has been one of the most challenging issues before the
`Commission for several years. The extent to which the Commission must account for the
`project’s GHG emissions and in turn the impacts on global climate change has been
`debated and litigated at length before the Commission and the courts. Furthermore, the
`courts have continued to review and clarify the Commission’s obligations regarding the
`sufficiency of our evaluation of GHG emissions, including remanding individual cases in
`which they find our analysis lacking. The Commission has worked through the GHG
`Policy Statement proceeding, individual dockets, and appellate proceedings to resolve the
`differing views on the Commission’s legal authority and responsibility to consider GHG
`emissions and provide clarity to developers, customers, communities, affected
`landowners, and other stakeholders.
`
`The GHG Policy Statement, subsequently converted to a draft policy statement, is
`8.
`a key part of that work, and the Commission’s decision today to close this proceeding
`brings this multiyear initiative to an end. Nonetheless, we recognize that the GHG
`Policy Statement proceeding has provided information that has proven useful for the
`Commission in developing our current bipartisan, courtaffirmed approach to considering
`GHG issues on a casebycase basis.
`
`As a result of the Commission’s recent deliberations, our approach to GHGs has
`9.
`evolved. To comply with NEPA, the Commission estimates reasonably foreseeable GHG
`
`
`
`Docket Nos. PL213000 and PL213001
`
`2
`
`emissions attributable to a proposed project,2 provides a qualitative discussion of
`potential adverse effects from such emissions,3 and, where possible, further
`contextualizes the emissions levels by comparing them to any applicable national and
`statewide emissions levels4 and calculating monetized values.5 Furthermore, “we expect
`project sponsors to evaluate technically and economically feasible strategies to reduce or
`avoid GHG emissions during construction and operation of a natural gas infrastructure
`project.”6 And ultimately, our evaluation of public convenience and necessity under the
`NGA requires that “the Commission balances the need for and benefits derived from the
`project against the potential adverse consequences. Those consequences include impacts
`on landowners as well as environmental impacts identified in the NEPA document
`developed for the project.”7
`
`All of our colleagues have joined us on orders using this approach to comply with
`10.
`our NGA and NEPA obligations. Critically, the courts have upheld it. If this approach is
`continued, it will provide more certainty for all parties and stakeholders, fulfill the
`Commission’s obligations to consider environmental impacts in its decisions, and inform
`the public regarding the basis for those decisions. We remain committed to work with
`
`2 See, e.g., Transcon. Gas Pipe Line Co., 190 FERC ¶ 61,048, at P 76 (2025)
`(Order Reinstating Certificate on Remand); E. Shore Nat. Gas Co., 190 FERC ¶ 61,033,
`at P 47 (2025); Venture Glob. CP2 LNG, LLC, 189 FERC ¶ 61,148, at P 83 (2024); ANR
`Pipeline Co., 188 FERC ¶ 61,063, at P 45 (2024).
`
`3 See, e.g., Order Reinstating Certificate on Remand, 190 FERC ¶ 61,048 at PP
`76–77; E. Shore Nat. Gas Co., 190 FERC ¶ 61,033 at P 54; Venture Glob. CP2 LNG,
`LLC, 189 FERC ¶ 61,148 at PP 85, 87; ANR Pipeline Co., 188 FERC ¶ 61,063 at P 46.
`
`4 See, e.g., Order Reinstating Certificate on Remand, 190 FERC ¶ 61,048 at P 76;
`E. Shore Nat. Gas Co., 190 FERC ¶ 61,033 at PP 47, 51–52; Venture Glob. CP2 LNG,
`LLC, 189 FERC ¶ 61,148 at PP 83, 88; ANR Pipeline Co., 188 FERC ¶ 61,063 at PP 47–
`49.
`
`5 See, e.g., Order Reinstating Certificate on Remand, 190 FERC ¶ 61,048 at PP 3,
`76, 85; E. Shore Nat. Gas Co., 190 FERC ¶ 61,033 at PP 47–54; Venture Glob. CP2
`LNG, LLC, 189 FERC ¶ 61,148 at PP 81–99; ANR Pipeline Co., 188 FERC ¶ 61,063 at
`PP 46, 50.
`
`6 Order Reinstating Certificate on Remand, 190 FERC ¶ 61,048 at P 87; N.J.
`Conservation Found. v. FERC, 111 F.4th 42, at 5657 (D.C. Cir. 2024).
`
`7 Order Reinstating Certificate on Remand, 190 FERC ¶ 61,048 at P 98; N.J.
`Conservation Found. v. FERC, 111 F.4th at 6263.
`
`
`
`Docket Nos. PL213000 and PL213001
`
`3
`
`our colleagues to comply with the Commission’s legal obligations under the NGA and
`NEPA and to ensure that we have reliable, affordable, and sustainable energy to meet our
`nation’s growing needs.
`
`For these reasons we respectfully concur.
`
`______________________________
`Willie Phillips
`Commissioner
`______________________________
`David Rosner
`Commissioner
`______________________________
`Judy Chang
`Commissioner
`
`



