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The case will also have вЂњhistoricвЂќ implications on future and current gas infrastructure projects, for example on the ability of the Jordan Cove liquified natural gas facility to move forward, according to Giannetti.

вЂњItвЂ™s an unprecedented mess of FERCвЂ™s own creation.вЂќ The path forward for the project is definitely murky, said Giannetti. Louis region had access to reliable, affordable energy, when it needed it most.вЂќ While other parts of the Midwest struggled with supply and extremely high costs, the STL Pipeline ensured the St. вЂњThat was never more true than during last FebruaryвЂ™s polar vortex. вЂњThe Spire STL Pipeline has more than proven it is essential,вЂќ the statement continued. Louis region now could be in jeopardy,вЂќ said a spokesperson from Spire STL Pipeline in an emailed statement. вЂњWe have trusted and relied upon the established FERC process and precedent to build and operate the STL Pipeline, but three years after approval was granted by the FERC, it appears that reliable and critical energy access to 650,000 homes and businesses throughout the St. Spire STL said the decision could be вЂњdetrimentalвЂќ to the region. But in this case, its hard to вЂњenvision a circumstance in which FERC could rectify the legal infirmities,вЂќ Giannetti said, suggesting the project may need to be taken out of service.

Circuit also revoked its license to operate after the project had begun construction, but FERC was able to maintain cerfications for the pipeline after conducting an additional environmental review. In the case of the Sabal Trail Pipeline in 2018, theВ D.C. But pending the courtвЂ™s issuance of a mandate officially stripping the project of its certification, the Spire STL pipeline will no longer be legally allowed to operate, according to Gillian Giannetti, an attorney with the Natural Resources Defense CouncilвЂ™s Sustainable FERC project, marking a rare case where a court has revoked a FERC-issued pipeline certificate after a project was already operational. adverse impacts,вЂќ he said.В вЂњTodayвЂ™s decision shows when FERC cuts corners, it puts its decisions & investments made on those decisions, at substantial risk.вЂќДespite requests for rehearing on the project, tolling orders allowed the company to move ahead with construction, and the pipeline has been fully operational since 2019. FERC вЂњmust consider all relevant factors when determining need for a project & balance that evidence vs. Glick cited his dissent on the initial order in a tweet commenting on the D.C. вЂњIndeed вЂ¦ FERCвЂ™s ostrich-like approach flies in the face of the guidelines set forth in the Certificate Policy Statement.вЂќ вЂњFERCвЂ™s failure to engage with вЂ¦ evidence did not satisfy the requirements of reasoned decisionmaking,вЂќ the court found. Further, it found the commission ignored вЂњplausible evidence of self-dealing,вЂќ and in ignoring that evidence and not adequately proving need, the commission was in violation of its own policy statement, which dictates what the agency must consider when approving gas infrastructure. Circuit, in its decision, disagreed with the majority of the commission that its review constituted an appropriate deliberation of the projectвЂ™s benefits.

Then-commissioner Richard Glick, who is now chair of FERC, opposed the order, along with former Commissioner Cheryl LaFleur, arguing the commission should have ordered an independent study to consider market need. The commission, in its 2018 ruling approving the project, found this agreement was sufficient in proving a need for the pipeline. Rather, it argued its pipeline was needed to bolster reliability in the region, reduce reliance on older gas pipelines and eliminate reliance on propane peak-shaving infrastructure - something the company later revealed it had only used for three days total between 20.ДЄfter failing to find a shipper to enter into a preconstruction contract with, the company entered into an agreement with its own affiliate, Spire Missouri, for 87.5% of the pipelineвЂ™s capacity. Spire STL had acknowledged in its initial filing with FERC in 2017 that additional capacity was not needed in the region where it intended to build. Circuit ruling comes as FERC is reassessing its 1999 pipeline certification policy - in part, an effort to more closely examine the environmental and landowner impacts of those infrastructure approvals - and finds that the commission has not been compliant with the policy as it currently exists.

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