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Court ruling on Agawam gas project sets legal precedent for climate-related emissions

A residential natural gas meter in Massachusetts.
Nancy Eve Cohen
/
NEPM
A residential natural gas meter in Massachusetts.

The U.S. Court of Appeals for the D.C. circuit has ruled in favor of part of an appeal of a natural gas project that was approved in Agawam, Massachusetts.

The Federal Energy Regulatory Commission, or FERC, approved a project to build 2.1 miles of new natural gas pipeline and a bigger compressor to replace two smaller ones.

According to court documents, the company said the upgrade would increase reliability, efficiency and capacity to meet demand.

FERC certified the project in 2019, deciding it "would have no significant environmental impact."

But two environmental groups appealed.

Now the court has ruled that FERC's analysis is deficient.

Adam Carlesco, attorney with Food & Water Watch, said the ruling requires FERC to reassess and consider greenhouse gas emissions from smaller infrastructure, like a compressor.

"What they really need to be looking at is how much more gas is going to be moving through those pipelines because of this infrastructure upgrade," Carlesco said.

Carlesco said the ruling sets a legal precedent so regulators can't ignore greenhouse gas emissions from both expanding capacity of gas infrastructure, and residential and commercial use.

FERC declined to comment.

Nancy Eve Cohen is a former NEPM senior reporter whose investigative reporting has been recognized with an Edward R. Murrow Regional Award for Hard News, along with awards for features and spot news from the Public Media Journalists Association (PMJA), American Women in Radio & Television and the Society of Professional Journalists.

She has reported on repatriation to Native nations, criminal justice for survivors of child sexual abuse, linguistic and digital barriers to employment, fatal police shootings and efforts to address climate change and protect the environment. She has done extensive reporting on the EPA's Superfund cleanup of the Housatonic River.

Previously, she served as an editor at NPR in Washington D.C., as well as the managing editor of the Northeast Environmental Hub, a collaboration of public radio stations in New York and New England.

Before working in radio, she produced environmental public television documentaries. As part of a camera crew, she also recorded sound for network television news with assignments in Russia, Guatemala, Mexico, Cuba and in Sarajevo during the war in Bosnia.
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