National Comm. for the New River v. F.E.R.C

47 Citing cases

  1. Twp. of Bordentown v. Fed. Energy Regulatory Comm'n

    903 F.3d 234 (3d Cir. 2018)   Cited 18 times   3 Legal Analyses
    Rejecting Third Circuit preemption of administrative review under Section 717r(d) because preemption applies only to "civil actions" brought before a court of law or equity

    Nevertheless, in recognition of the fact that in some cases FERC "is required under NEPA to give some environmental consideration of nonjurisdictional facilities," FERC has developed a four-factor balancing test "to determine whether there is sufficient federal control over a project to warrant environmental analysis." Nat'l Comm. for the New River v. FERC, 373 F.3d 1323, 1333 (D.C. Cir. 2004). Under the test, FERC considers

  2. Mayo v. Reynolds

    875 F.3d 11 (D.C. Cir. 2017)   Cited 34 times
    Holding that EIS took sufficient hard look at environmental consequences such that annual approvals of hunting under that EIS did not require supplementation

    " Id. at 373, 109 S.Ct. 1851. Rather, "a supplemental EIS must be prepared" only when a new action will affect the quality of the environment "in a significant manner or to a significant extent not already considered." Id. at 374, 109 S.Ct. 1851 ; see also Nat'l Comm. for the New River, Inc. v. FERC , 373 F.3d 1323, 1330 (D.C. Cir. 2004) (explaining that a supplemental impact statement is "only required where new information provides a seriously different picture of the environmental landscape" (quoting City of Olmsted Falls v. Fed. Aviation Admin. , 292 F.3d 261, 274 (D.C. Cir. 2002) )); Davis v. Latschar , 202 F.3d 359, 369 (D.C. Cir. 2000) (requiring a supplemental impact statement only for "changes that cause effects which are significantly different from those already studied"). And because an agency's decision whether to prepare a supplemental EIS requires "substantial agency expertise," courts must defer to the agency's "informed discretion."

  3. National Comm. for New River v. Fed. Energy

    433 F.3d 830 (D.C. Cir. 2005)   Cited 3 times

    NCNR is an environmental group devoted to protecting the New River, which travels northward from North Carolina through southwest Virginia. NCNR fought the initial certification as an intervenor and lost. FERC denied a request for stay and rehearing, 102 FERC ¶ 61,225 (2003), and this Court affirmed. See Nat'l Comm. for the New River, Inc. v. FERC, 373 F.3d 1323, 1325 (D.C. Cir. 2004) (holding that FERC's certification was not arbitrary and capricious). The pipeline has been operational since late 2003.

  4. Stand Up for California! v. U.S. Dep't of Interior

    994 F.3d 616 (D.C. Cir. 2021)   Cited 11 times
    Recognizing for the first time that the subdelegation doctrine's "presumption applies to regulations"

    When we review an EIS prepared under NEPA, our "role is ‘simply to ensure that the agency has adequately considered and disclosed the environmental impact of its actions and that its decision is not arbitrary or capricious.’ " Nat'l Comm. for the New River v. FERC , 373 F.3d 1323, 1327 (D.C. Cir. 2004) (quoting Baltimore Gas & Elec. v. NRDC , 462 U.S. 87, 97–98, 103 S.Ct. 2246, 76 L.Ed.2d 437 (1983) ). We must "ensure that the agency took a ‘hard look’ at the environmental consequences of its decision to go forward with the project."

  5. Friends of the Capital Crescent Trail v. Fed. Transit Admin.

    877 F.3d 1051 (D.C. Cir. 2017)   Cited 25 times   1 Legal Analyses
    Holding that the "alternatives analysis contained in the FEIS was sufficient under NEPA"

    Rather, a SEIS must be prepared only where new information "provides a seriously different picture of the environmental landscape." Nat'l Comm. for the New River v. FERC , 373 F.3d 1323, 1330 (D.C. Cir. 2004) (emphasis added).So understood, regardless of whether the CEQ or FTA regulation applies, FTA and Maryland reasonably explained why the Friends' Metrorail information does not require preparation of a SEIS. Not only does that information not adversely affect the Purple Line's environmental impact in an absolute sense—the construction and operational footprint would remain the same—neither does it have relative environmental or transportation effects that would alter Maryland's selection of light rail over bus rapid transit or other alternatives. FTA determined that the Metrorail information offered no basis to distinguish the alternatives on environmental grounds: Each alternative "would have similar alignment characteristics" and thus similar "impacts on parks, wetlands, historic properties, residential and business properties, and other environmentally sensitive sites.

  6. Myersville Citizens for a Rural Cmty., Inc. v. Fed. Energy Regulatory Comm'n

    783 F.3d 1301 (D.C. Cir. 2015)   Cited 68 times
    Upholding FERC's conditional approval of a natural gas facility construction project where FERC conditioned its approval on the applicant securing a required federal Clean Air Act air quality permit from the state

    ExxonMobil Gas Mktg. Co. v. FERC, 297 F.3d 1071, 1083 (D.C.Cir.2002). Because the grant or denial of a Section 7 certificate of public convenience and necessity is a matter “peculiarly within the discretion of the Commission,” Okla. Natural Gas Co. v. Fed. Power Comm'n, 257 F.2d 634, 639 (D.C.Cir.1958), this court does not “substitute its judgment for that of the Commission,” Nat'l Comm. for the New River v. FERC, 373 F.3d 1323, 1327 (D.C.Cir.2004). Moreover, “[w]hen considering FERC's evaluation of ‘scientific data within its technical expertise,’ we afford FERC ‘an extreme degree of deference.’ ”

  7. Safety v. Fed. Energy Regulatory Comm'n

    762 F.3d 97 (D.C. Cir. 2014)   Cited 39 times
    Finding EA adequately examined compressor-station project's impact on property values where it recognized some adverse impacts might accrue but could be mitigated

    In so doing, we “cannot substitute [our] judgment for that of the Commission.” Nat'l Comm. for the New River, Inc. v. FERC, 373 F.3d 1323, 1327 (D.C.Cir.2004). All the while, we remain mindful that “[t]he grant [ ] or denial of a certificate of public convenience and necessity is a matter peculiarly within the discretion of the Commission.”

  8. Loper Bright Enters. v. Raimondo

    544 F. Supp. 3d 82 (D.D.C. 2021)   Cited 8 times   6 Legal Analyses

    Rather, "if the new information shows that the remaining action will affect the quality of the environment ‘in a significant manner or to a significant extent not already considered,’ " a supplemental must be prepared. Nat'l Comm. for the New River v. FERC , 373 F.3d 1323, 1330 (D.C. Cir. 2004) (quoting Marsh , 490 U.S. at 374, 109 S.Ct. 1851 ). In addition, the D.C. Circuit has instructed that a supplement "is only required where new information ‘provides a seriously different picture of the environmental landscape.’ "

  9. Friends of the Capital Crescent Trail v. Fed. Transit Admin.

    253 F. Supp. 3d 296 (D.D.C. 2017)   Cited 2 times

    Although this obligation is not triggered "every time new information comes to light," an agency must prepare an SEIS whenever "new information provides a seriously different picture of the environmental landscape." Id. at 373, 109 S.Ct. 1851 ; Nat'l Comm. for the New River v. F . E . R . C . , 373 F.3d 1323, 1330 (D.C. Cir. 2004) (citation omitted); City of Olmsted Falls v. F . A . A . , 292 F.3d 261, 274 (D.C. Cir. 2002). Like other APA challenges, courts review an agency's decision to undertake or forego an SEIS under the arbitrary and capricious standard.

  10. Oceana v. Bureau of Ocean Energy Mgmt.

    37 F. Supp. 3d 147 (D.D.C. 2014)   Cited 12 times   1 Legal Analyses
    Explaining that the regulation "does not impose a requirement that the agency explain why the [costs] of obtaining [the missing, essential information] are exorbitant or the means to obtain it are not known—just that it provide the four enumerated statements in the EIS if the costs to obtaining the information are exorbitant"

    “An environmental impact statement is reviewed to ensure that the agency took a hard look at the environmental consequences of its decision to go forward with the project.” Nat'l Comm. for the New River v. F.E.R.C., 373 F.3d 1323, 1327 (D.C.Cir.2004) (citations omitted). “When an agency is evaluating scientific data within its technical expertise, an extreme degree of deference to the agency is warranted.”