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Heslin Speaks to D.C. Circuit FERC Ruling

Law360
June 2014

Energy Member Brian Heslin was quoted in Law360 on June 26, in the article “FERC Pipeline Enviro Reviews No Longer a Breeze.”  The piece discusses the D.C. Circuit's recent ruling that FERC had to consider related pipeline projects when it conducted its environmental review of a $500 million pipeline upgrade by a Kinder Morgan Inc.  Sources believe the ruling will lead to a more cautious approach from the commission, and could ultimately lead to longer wait times for project approvals.

"Just because you did it in phased manner doesn’t change the fact that the projects have a cumulative effect on the environment," Heslin stated.  "Taking it piece by piece from an assessment doesn’t make total sense.  I think FERC might have misjudged their responsibilities from an environmental point of view."