Law360 Quotes Emily Mallen on FERC and DC Circuit LNG Ruling
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For its article “DC Circ. Ruling On LNG Project Won't Fix FERC Climate Split,” Law360 quoted Akin energy regulation, markets & enforcement partner Emily Mallen. The article looks at a recent D.C. Circuit endorsement of the Federal Energy Regulatory Commission’s (FERC) climate change review of the $45 billion Alaska liquefied natural gas (LNG) export project and notes that still up in the air is the question of how much this decision will resolve a FERC impasse over mixing climate into FERC’s gas infrastructure approval policies.
Emily said that FERC commissioners will not do anything that the D.C. Circuit explicitly prohibits, but, she said, they can rely on the court precedent that supports their preferred positions on the scope of FERC’s climate reviews.
She added, "These greenhouse gas emissions issues are going to continue to be litigated, and I don’t know that FERC can take much more from this opinion other than, 'OK, for now, we can keep doing what we’re doing'."
