the additive environmental impacts of these past, present,
and proposed actions.
Comments on Environmental Assessment at 13, 17, reprinted
in J.A. 699, 703; see also Hay & Newman Comments, Aug.
25, 2011 at 2, reprinted in J.A. 390 (“The fact that the ‘300
Line’ gas pipeline project was approved by FERC the same
year of the submission of the subject application raises
concerns of impermissible segmentation. It seems unlikely the
approved . . . projects are not related segments to a broader
phased development plan. . . .”); Pike Cnty. Conservation
Dist. Comments, Dec. 20, 2011 at 3, reprinted in J.A. 746
(raising the same concerns).
On May 29, 2012, FERC issued the Order including a
Finding of No Significant Impact and certificate approval for
the Northeast Project. Order, 2012 WL 1934728, at *1, *11.
On June 28, 2012, Petitioners submitted a request for
rehearing. Petitioners claimed that:
The Commission violated NEPA by granting the
Certificate for construction of the [Northeast Project]
without properly applying the NEPA regulations in
evaluating the significance of the Project’s impacts,
without ensuring an adequate review of the Project’s
cumulative impacts, and without ensuring that necessary
mitigation measures would be fully implemented and
complied with to minimize and avoid significant negative
environmental impacts. Moreover, the Commission
violated NEPA by unlawfully segmenting consideration
of the [Northeast Project’s] impacts from other
interdependent and inter-related projects on the Eastern
Leg of the 300 Line.
Request for Reh’g at 3-4, reprinted in J.A. 837-38.