Events
Jenny Speck to Speak on BARBRI Webinar
Partner Jenny Speck will speak on BARBRI’s live video CLE program, “Tax Credit Insurance for Energy Projects: PFE Exclusions, Recapture, …
November 19, 2026
November 19, 2026 • 1-minute read
Insight
Client Alerts
June 22, 2026 • 7-minute read
On June 18, 2026, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) announced two orders at its June 2026 Open Meeting that will streamline approvals of natural gas infrastructure projects by adhering more closely to statutory requirements and relatively recent Supreme Court precedent.
Together, these orders advance the Commission’s goal of making environmental reviews more efficient to build infrastructure that, in the words of Chairman Laura Swett, is “desperately need[ed].”
Key takeaways:
NEPA requires FERC to consider the “reasonably foreseeable environmental effects” of its actions, such as authorizing natural gas infrastructure projects under the Natural Gas Act (“NGA”). The extent to which agencies need to consider the impacts of other activities—including the potential “upstream and downstream” activities and effects “that are separate in time or place from” the project before the agency in their NEPA review has long been a point of contention, in some cases turning NEPA’s procedural requirements into a “blunt and haphazard tool” used to delay or stop infrastructure development.1 Under the now-rescinded Council on Environmental Quality (“CEQ”) regulations, agencies often separately evaluated a project’s cumulative effects—the incremental effects of an action when considering other past, present, and reasonably foreseeable future actions. In some instances, this led agencies to consider potential effects that were far afield of those related to the project before them. In Seven County, the Supreme Court clarified that agencies need not consider impacts from projects that are “separate in time or place,” are outside the instant agency’s regulatory authority, or that would be initiated “if at all, by third parties.”2
In announcing the Eastern Gas Order, FERC Chairman Swett explained that the Commission’s NEPA reviews to date “ha[ve] not fully capitalized on recent legislation, the Supreme Court’s decision in Seven County, and CEQ’s rescission of NEPA regulations.”3 Noting that NEPA itself does not explicitly reference cumulative effects, the Eastern Gas Order clarified that FERC need not continue to identify a “distinct and separate category” of cumulative impacts, since it exceeds what NEPA requires and contributes to “undue procedural burdens” on applicants and agency staff.
The Eastern Gas Order acts to bring FERC’s NEPA procedures more in line with how many other federal agencies updated their NEPA procedures (which we discuss here), especially in how FERC did not entirely jettison the concept behind the traditional cumulative effects analysis. Although many other agencies do not require specific discussion of cumulative effects, they maintain procedures ensuring that the agency’s environmental analysis considers the context in which the project’s effects occur. The U.S. Department of Agriculture, Department of Energy, and Department of the Interior, for example, explain that environmental effects are evaluated “in the context of the potentially affected environment” while considering “trends and planned actions in the area.”
The Eastern Gas Order takes a similar approach. Importantly, in a nod to Seven County, it emphasizes that FERC will consider impacts from activities “in the vicinity of a proposed project” as necessary to help the Commission fulfill its NEPA obligations, as this ensures a “holistic and properly contextualized” review of the reasonably foreseeable impacts of the proposed action. The context-based approach espoused in the Eastern Gas Order allows the Commission to continue considering certain impacts that were previously within the “cumulative impacts” category, albeit on a scale more closely tied to the project at hand. The Commission has experience in addressing these types of cumulative impacts using other terminology, such as when FERC’s NEPA documents prepared under a prior version of the CEQ regulations included a discussion of “Environmental Trends and Planned Activities” rather than a dedicated cumulative effects section, despite the continuing reference to cumulative effects in the Commission’s own regulations. FERC Staff may seek to undertake a similar, more context-driven approach to cumulative impacts.
Cumulative impacts are unlikely to completely disappear from FERC NEPA reviews. Under the Eastern Gas Order, FERC Staff will continue to consider the impacts of activities “in the vicinity” of a proposed action—such as a power plant located next to a proposed pipeline that will be under construction at the same time as the proposed pipeline or other activities occurring adjacent to a new compressor station that could result in additive impacts—but will no longer dedicate separate sections in NEPA documents to identifying all past, present, and foreseeable projects across large swathes of land that frequently offer little useful information and that do not help contextualize the actual impacts of the project being evaluated. To ensure more robust and defensible Commission orders, applicants should continue to evaluate the impacts of other activities occurring in the vicinity of the project. Applicants should evaluate and consider those impacts within the context of the discussion of the project’s effects, which will help ensure that resulting Commission orders can stand up to judicial review.
It remains to be seen how or when the Eastern Gas Order may be reflected in the Commission’s regulations and guidance documents governing environmental reports for NGA applications. However, as Chairman Swett previewed, there is “more to come,” and it remains possible that FERC may ultimately go through the formal process to update its NEPA regulations to remove references to “cumulative effects.”
Key takeaway:
The Commission announced that it would strictly apply its regulation governing what constitutes a protest under its blanket certificate program. FERC’s blanket certificate program allows natural gas companies to file a “prior notice” of blanket activity to obtain authorization under Section 7 of the NGA for certain limited-scope activities within Commission-set cost limits without seeking a separate, case-specific certificate order. Projects are automatically authorized so long as no protests are filed within 60 days of notice of the project; or if a protest is timely filed, such protest must be dismissed by the Director of the Office of Energy Projects within 10 days of filing or withdrawn within 30 days of the end of the notice period for the project to be automatically authorized. Though the Commission’s regulations set out strict requirements defining what qualifies as a “protest,” the Commission has historically accepted more general comments as protests—even if nothing in the filing indicates the comment was intended as such.
The Commission’s Creole Trail Order clarifies that filings in blanket proceedings that do not meet clearly defined regulatory requirements “will not be considered protests by the Commission and will not necessitate a Commission order.” By adhering to its nearly 50-year-old regulatory text, FERC’s order ensures that nonspecific opposition or mere comments on a prior notice filing will not obstruct a project that otherwise meets the requirements to proceed under blanket authorization.
This order is the latest in the Commission’s actions regarding its blanket certificate procedures with an eye towards streamlining infrastructure proceedings. In May 2026, the Commission announced a Notice of Proposed Rulemaking to revise its blanket certificate program to, among other reforms, increase the cost limits for projects that may be constructed under a blanket authorization and expand the blanket certificate program to encompass expansions of existing compressor stations that increase capacity, regardless of cost, when those projects are located within existing facilities’ footprints. If ultimately adopted, these revisions would allow a greater scope of critical infrastructure projects to take advantage of these more efficient permitting procedures.
We will continue to monitor FERC’s initiatives to streamline infrastructure development. Please reach out to your Vinson & Elkins team to discuss these matters and their implications for your business.
1Seven County Infrastructure Coal. v. Eagle Cnty., Colo.,605 U.S. 168, 183 (2025).
2Id. at 186–87.
3Opening Remarks of Chairman Laura Swett, FERC Commission June Open Meeting, at 13:38–13:49 (June 18, 2026), https://www.youtube.com/watch?v=r7y-iDn-rkU&t=420s.
This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended, nor should it be construed, as legal advice.
Discover our latest:
Events
Jenny Speck to Speak on BARBRI Webinar
Partner Jenny Speck will speak on BARBRI’s live video CLE program, “Tax Credit Insurance for Energy Projects: PFE Exclusions, Recapture, …
November 19, 2026
November 19, 2026 • 1-minute read
Events
Kathy Pakenham and Adriana Wirtz to Speak at TEI’s IRS Roundtable
Partners Kathy Pakenham and Adriana Wirtz will examine how a leaner, more data-driven IRS is selecting and conducting large business …
November 19, 2026
November 19, 2026 • 1-minute read
Client Alerts
Single v Multi Contracts in Nuclear Projects: The Size of the Burden
Introduction The construction of nuclear energy projects is complex and capital-intensive, and the contracting structure can significantly affect project delivery, …
November 13, 2026
November 13, 2026 • 6-minute read
Articles
State Attorneys General Widen the Antitrust Battlefield
State attorneys general are moving to the center of antitrust enforcement, with bipartisan coalitions attacking merger settlements, information-sharing arrangements, labor-market …
November 13, 2026
November 13, 2026 • 4-minute read
Events
Jenny Speck to Speak at Lockton U.S. Energy Risk Summit
Partner Jenny Speck will speak at Lockton’s U.S. Energy Risk Summit on November 12, 2026, in Houston, Texas. The summit …
November 12, 2026
November 12, 2026 • 1-minute read
Media Coverage
Vinson & Elkins Partner Joyce Adetutu joined CorpGov on the inaugural episode of Beyond the Boardroom, a new series co-produced …
November 9, 2026
November 9, 2026 • 1-minute read
Deals & Cases
Vinson & Elkins Advises Underwriters on Enterprise Products’ $1.5 Billion Senior Notes Offering
Vinson and Elkins advised the underwriters in connection with Enterprise Products Operating LLC’s (“EPO”) public offering of $1.5 billion aggregate …
November 6, 2026
November 6, 2026 • 1-minute read
Media Coverage
Aubrey Bishai Explains Responsible Vibe Coding and AI Innovation in Law.com
Vinson & Elkins Chief Innovation Officer Aubrey Bishai was featured in Law.com’s coverage of LegalTech Connect’s 2026 Knowledge Management & …
November 5, 2026
November 5, 2026 • 1-minute read
Deals & Cases
Vinson & Elkins Advises Southern Realty Trust Inc. in Merger with Sunrise Realty Trust, Inc.
Vinson & Elkins advised Southern Realty Trust Inc. in connection with its entry into a definitive merger agreement with Sunrise …
November 5, 2026
November 5, 2026 • 1-minute read
Deals & Cases
Vinson & Elkins represented Select Water Holdings LLC, a subsidiary of Select Water Solutions, Inc., in connection with a new …
November 4, 2026
November 4, 2026 • 1-minute read
Articles
Innovation and Investment: The Next Frontier in Aerospace and Defense
Vinson & Elkins Partners Sebastian Tiller and Ben Heriaud sit down for a conversation on the firm’s Aerospace and Defense …
November 3, 2026
November 3, 2026 • 6-minute read
Articles
Law Is a Practice. So Is Business Development.
Randi Revisore, Lauren Alford, and DeAnna Englezos reflect on two years of success leading BD Lab — Vinson & Elkins’ …
July 14, 2026 • V&E+ | Values
July 14, 2026 • 7-minute read
Articles
Data Center Dealmakers: A New Era of Power and Compute
Vinson & Elkins Partners Creighton Smith and Milam Newby share the story behind a groundbreaking AI infrastructure transaction — and …
June 15, 2026 • V&E+ Ventures
June 15, 2026 • 5-minute read
Client Alerts
Mid-Level Mindset: Empowering Lawyers Through a Pivotal Career Stage
Vinson & Elkins’ inaugural Mid-Level Associate Summit brought lawyers from across the firm to Houston for three days of learning …
March 31, 2026
March 31, 2026 • 5-minute read
Client Alerts
Pro Bono at Vinson & Elkins: Lawyers Changing Lives
Pro Bono Counsel Parker Cragg reflects on a life dedicated to service, returning to Vinson & Elkins, and wisdom he has picked up along the way.
October 20, 2025 • V&E+ Values
October 20, 2025 • 6-minute read
Thoughts or questions? Send us a note, and we’ll connect you with the right person.
our People
Please note that any communication with Vinson & Elkins via e-mail through this website does not constitute or create an attorney-client relationship with V&E. Please do not send any confidential information. A conflicts-of-interest procedure must be completed by V&E prior to establishment of an attorney-client relationship. When you execute an engagement letter from V&E you will be our client, and you may then exchange information freely with a V&E attorney.
By clicking “Accept,” you agree that we may review any information you transmit to us. You recognize that our review of your information, even if it is highly confidential and even if it is transmitted in a good faith effort to retain us, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.