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Greenberg Traurig Successfully Defends Challenge to $39 Billion Alaska Natural Gas Project in D.C. Circuit

WASHINGTON, D.C. – May 25, 2023 – Global law firm Greenberg Traurig, LLP secured a victory for client Alaska Gasline Development Corporation (AGDC) in the U.S. Court of Appeals for the D.C. Circuit involving a challenge to the Federal Energy Regulatory Commission (FERC)’s approval of a $39 billion Alaska natural gas project.

Sponsored by AGDC, an independent corporation of the state of Alaska, the project is one of the largest infrastructure projects ever approved by FERC and ever pursued in North America. Plans call for construction of a gas treatment plant, an 800-mile pipeline from the Alaska North Slope to Cook Inlet, and a liquefaction facility for the purposes of exporting liquified natural gas and serving in-state demand for natural gas. 

Environmental groups, including the Center for Biological Diversity and Sierra Club, challenged FERC’s approval on the grounds that FERC did not properly evaluate the project, including climate change impacts, under the National Environmental Policy Act and the Natural Gas Act. Greenberg Traurig has represented the state of Alaska and AGDC on a wide range of legal issues associated with this project for more than 15 years, including negotiation of commercial agreements and associated regulatory issues.

The decision follows AGDC’s clearance of a significant regulatory hurdle earlier this spring when the U.S. Department of Energy affirmed its earlier authorization of liquefied natural gas exports from the project to non-free trade agreement countries. That decision is facing ongoing legal challenges from environmental groups.

Greenberg Traurig Washington, D.C. Energy & Natural Resources Practice Shareholders Kenneth M. Minesinger and Howard L. Nelson submitted briefs in this matter, and Nelson participated in oral arguments last year.

About Greenberg Traurig’s Energy & Natural Resources Practice: Greenberg Traurig’s Energy & Natural Resources Practice has broad transactional, regulatory, and litigation experience across the energy industry, including oil and gas, LNG, electricity, coal, wind, solar and other renewable energy sources, and water. The firm’s exceptional multi-office platform, including key offices in major energy centers, enables us to serve and implement legal strategies for energy clients throughout the U.S. and internationally.

About Greenberg Traurig: Greenberg Traurig, LLP has more than 2650 attorneys in 45 locations in the United States, Europe and the Middle East, Latin America, and Asia. The firm is a 2022 BTI “Highly Recommended Law Firm” for superior client service and is consistently among the top firms on the Am Law Global 100 and NLJ 250. Greenberg Traurig is Mansfield Rule 5.0 Certified Plus by The Diversity Lab. The firm is recognized for powering its U.S. offices with 100% renewable energy as certified by the Center for Resource Solutions Green-e® Energy program and is a member of the U.S. EPA’s Green Power Partnership Program. The firm is known for its philanthropic giving, innovation, diversity, and pro bono. Web: https://www.gtlaw.com/en.