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FERC Proposes NEPA Revisions to Streamline Air Quality Analyses and Accelerate Natural Gas Projects

LCG, October 16, 2026--The Federal Energy Regulatory Commission (FERC) announced on Thursday its new proposal to revise and accelerate its review of air quality effects for proposed natural gas projects under the National Environmental Policy Act (NEPA). The draft policy statement highlights revisions designed to (i) avoid unnecessary delays and duplicative analysis and (ii) deliver greater regulatory certainty and a streamlined path forward for project applicants.

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AEP Announces 702-MW Bloom Fuel Cell Project to Serve Google in Wyoming

LCG, October 14, 2026--American Electric Power (AEP) today announced plans for a 20-year power purchase agreement (PPA) with Google, under which AEP will invest approximately $4 billion to advance a new 702-MW fuel cell generation project located near Cheyenne, Wyoming. Google will acquire power from Cheyenne Fuel Cell, LLC, which is approximately 92 percent owned and controlled by AEP and 8 percent owned by funds advised by Basalt Infrastructure Partners, LLP. AEP and its partners plan to start construction this year and to be fully operational by the end of 2028.

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Industry News

Supreme Court Rules EPA Can Overrule States

LCG, Jan. 21, 2004--A dispute before the Supreme Court over construction of a diesel power plant that had been approved by the state of Alaska, but that was blocked by the Environmental Protection Agency, was decided in favor of the federal agency as part of its enforcement of the Clean Air Act.

The Ninth U.S. Circuit Court of Appeals had previously ruled that the decision of the EPA to prevent the Teck Cominco mining company from adding a new diesel generator at the Red Dog Mine was within its "ultimate authority" in such regulatory actions governing emissions. Writing for the majority, Justice Ruth Bader Ginsburg said that the agency holds "supervisory authority over the reasonableness of state permitting."

The narrow majority (the decision was 5-4) found that the EPA had not issued a ruling beyond what the scope of the law covers. Justice Anthony Kennedy, in the dissenting opinion, wrote that he believed the majority's ruling was in conflict with the Clean Air Act, administrative law and "principles that preserve the integrity of states in our federal system."
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