The Future of Natural Gas Legislation

Abstract

The contentious interpretations of the role of natural gas as a player in the United States' path to decarbonization raises significant questions about the future of state and federal natural gas legislation. Using the court case PennEast Pipeline v. New Jersey as a lens through which these issues are examined, this paper analyzes the jurisdictional disconnect between state and federal authority on natural gas pipelines and argues that the use of natural gas and natural gas liquids, while serving as a precursor to the transition to a clean energy future, is not adequately regulated in the current natural gas policy. In order to address the legal questions surrounding the implementation of natural gas pipelines, natural gas policy must be amended to clarify the extent of the Federal Energy Regulatory Commission's authority to override state agency regulation over property and to redefine the role of natural gas as a component of the public interest.