Energy agency ignoring court, official says
GOP members on commission not weighing emissions for permits as judges had ordered
WASHINGTON — The Federal Energy Regulatory Commission has ignored an appellate court ruling by not considering climate change in its permitting decisions, Commissioner Richard Glick said Tuesday.
Glick, speaking at a state utility regulators conference here, said the commission should consider greenhouse gas emissions for all liquefied natural gas and pipeline projects, citing a 2017 ruling by the D.C. Circuit Court of Appeals. That ruling found that FERC erred in not considering greenhouse gas emissions when it granted a permit for a 515-mile pipeline though Alabama, Georgia and Florida.
"The D.C. Circuit has already told us we're not doing our job, and I suspect they'll do it again," said Glick, a Democrat appointed in 2017 by President Donald Trump. "The commission has essentially ignored the D.C. Circuit's decision."
Glick’s interpretation is at odds with Republican commissioners, who argue emissions should only be considered for projects with gas supply contracts already in place, whereby emissions can be determined precisely. FERC has twice postponed a decision on the $4.5 billion Calcasieu Pass LNG export terminal in Louisiana, driving speculation commissioners are
deadlocked over climate change.
Since the death of Commissioner Kevin McIntyre last month, the commission has been split 2-2 between Republican and Democrats.
The Calcasieu Pass project, developed by Venture Global LNG of Virginia, appeared set for approval, but was suddenly pulled from the agenda in January, a move that Charlie Riedl. the executive director of the trade group Center for Liquefied Natural Gas, described as "incredibly uncommon."
"The fact the projects haven't gotten a vote are indicative the politics have changed,” Riedl said in January. “That's the only logical conclusion you can draw.”
Much of the attention has focused on Commissioner Cheryl LaFleur, another Democratic appointee who is considered the swing vote between Republicans and Glick, the former general counsel to Democrats on the Senate Energy and Natural Resources Committee.
Glick said LaFleur also was concerned with other commissioners' interpretation of the D.C. Circuit ruling, saying they were essentially "putting blinders on" in regards climate change.
"That's caused a lot of consternation. It's caused me to dissent on a large number of pipeline certificate applications,” Glick said. “Commissioner LaFleur has likewise dissented for the very same reason. They're not addressing greenhouse gas emissions".”
In published opinions, LaFleur has repeatedly expressed concern regarding emissions from pipeline projects. But on LNG projects, she has downplayed climate change’s relevance. In a hearing last month, she raised a 2016 court case in which the D.C. Circuit Court of Appeals ruled the Department of Energy, not FERC, is responsible for considering greenhouse gas emissions from LNG exports.
“That has implications for the scope of our environmental review,” she said.