In March 2022, The U.S. Court of Appeals for the D.C. Circuit ruled in favor of Food & Water Watch in Food & Water Watch and Berkshire Environmental Action Team v. Federal Energy Regulatory Commission, agreeing that FERC had failed to adequately consider so-called downstream greenhouse gas emissions – the pollution from burning the gas – when it approved gas infrastructure expansion near Springfield, Massachusetts. The Court found that the Commission acted improperly when it refused to analyze the increase in emissions that result from expanding compressor station capacity designed to move more gas into a local distribution network.

Victory in this case has forced FERC, the nation’s primary regulator of fossil gas, to meaningfully consider the broader impacts of fossil fuel infrastructure development nationwide. As a result, FERC has begun calculating downstream emissions totals in its orders while the Commission considers more drastic changes to its gas certification policy. However, it has continued to ignore indirect upstream impacts, such as increased fracking, and state emissions reduction requirements.

In August 2022, FWW filed another lawsuit responding to these continued shortcomings. The lawsuit, Food & Water Watch v. Federal Energy Regulatory Commission, challenges the May 2022 approval of the “East 300 Upgrade Project,” which consists of major expansions of two compressor stations and the construction of a new compressor station in Pennsylvania and New Jersey, all designed to supply more fracked gas to the New York City metro area.

Our goals are two-fold: 1) make FERC factor in the full scope of environmental and community impacts of its gas infrastructure permitting decisions, as required by law, and 2) require FERC to consider local and state climate law requirements for emissions reductions when determining whether a fossil fuel project is even needed. FERC may only approve projects that serve the public interest. Dirty fossil fuel projects that ignore clean energy transitions already underway do not meet the legal standard.

Winning this case would force FERC to meaningfully consider the broader impacts of fossil fuel infrastructure development, such as downstream air pollution and exposure to drilling and fracking operations, on frontline communities. It would also prevent federal regulators from forcing new gas into state markets where it is not wanted or needed.

Shortly after, our legal team began work challenging this reckless approval with one of the local groups on the ground fighting the project, Berkshire Environmental Action Team, which has been documenting how this new source of air pollution will devastate local communities that are already overburdened with unhealthy air.

Our goal is simple: Make FERC factor in climate change in its permitting decisions, since they are ignoring legal requirements and court orders to do so.