On May 19, 2021, the U.S. Federal Energy Regulatory Commission (FERC) issued an order dismissing rehearing requests (Dismissal Order) of its February 18, 2021, Order Establishing Briefing in Algonquin Gas Transmission, LLC (Docket No. CP16-9-012) (Briefing Order). The Briefing Order had found that concerns raised regarding the operation of a compressor station that FERC had authorized to place into service on September 24, 2020, warranted further consideration. FERC set the matter for a paper hearing, with deadlines established for initial and reply briefs. The Briefing Order drew fierce criticism in dissents by Commissioners Mark Christie and James Danly on grounds that FERC was acting outside of its statutory authority and resulted in over 100 comments and briefs filed by a diverse group of pipeline industry members and advocates, environmental nongovernmental organizations and consumer groups, and former FERC commissioners as well as requests for rehearing by the affected pipeline and four individual trade associations representing pipeline operators, investors, and shippers.
On May 13, the White House Environmental Justice Advisory Council (WHEJAC or the Council) voted and agreed on recommendations to advance the Biden administration’s environmental justice (EJ) agenda. Housed within the U.S. Environmental Protection Agency (EPA), the WHEJAC was established by Executive Order (EO) 14008 to recommend to the White House Environmental Justice Interagency Council how to address current and historic EJ issues.
WHEJAC adopted recommendations of the three working groups: the Justice40 Initiative (Justice40), EO 12898, and Climate and Economic Justice Screening Tool.