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University of Miami Inter-American Law Review

Abstract

This Article explores how the D.C. Circuit’s decision in City of Oberlin, Ohio v. FERC (2022) (Oberlin II) will impact future natural gas pipelines and potentially even future hydrogen infrastructure. While the decision reinforced support for integrating North American natural gas infrastructure, given uncertainties in how the United States will regulate the emerging hydrogen industry, there is a chance that the decision could be more expansive than what initially meets the eye. By continuing down the path of supporting North American energy integration, Congress, federal courts, and administrative agencies will help prepare the United States for an uncertain energy future. Despite aiding the often-criticized natural gas industry, the Oberlin II decision is a win for North American energy integration, which will be needed to speed up any transition away from these fossil fuels. Thus, this Article argues that the Oberlin II decision and subsequent FERC decisions that take the Oberlin II holding a step further should be maintained and built upon. Tackling climate change and transitioning to cleaner energy sources will take bold steps and having administrative systems in place that support this transition is needed.

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