On September 20, 2024, the NAM filed an amicus brief urging the full D.C. Circuit to rehear this energy case that raises an issue of exceptional importance—whether a state’s energy policies can override federal energy decisions Congress assigned to the Federal Energy Regulatory Commission alone. Here, FERC approved a pipeline project carrying natural gas through New Jersey, New York, Delaware, Maryland and Pennsylvania. Following a challenge by environmental groups, the D.C. Circuit concluded that in approving the pipeline, FERC failed to adequately consider evidence suggesting a lack of market need for the pipeline’s additional capacity in New Jersey and New Jersey state laws mandating reductions in natural gas consumption.
We argue that the Natural Gas Act authorizes FERC to ensure that the public has access to an affordable and reliable energy supply. Full D.C. Circuit review is necessary to prevent states—which have their own natural gas reduction goals—from controlling federal energy policy, a matter of federal concern.