Sierra Club v. Federal Energy Regulatory Commission

I join today’s opinion on all issues save the Court’s decision to vacate and remand the pipeline certificates on the issue of downstream greenhouse emissions. Case law is clear:, When an agency “‘has no *1380ability to prevent a certain effect due to’ [its] ‘limited statutory authority over the relevant action[ ],’ then that action ‘cannot be considered a legally relevant cause’ ” of an indirect environmental effect under the National Environmental Policy Act (“NEPA”). Sierra Club (Freeport) v. FERC, 827 F.3d 36, 47 (D.C. Cir. 2016) (quoting Dep’t of Transp. v. Pub. Citizen, 541 U.S. 752, 770, 124…