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FERC ends wait time to start building pipelines

  • Market: Natural gas
  • 08/10/25

Natural gas pipelines will no longer have to wait up to 150 days after receiving federal authorization before starting construction, under a rules change the US Federal Energy Regulatory Commission (FERC) made on Tuesday.

FERC created that requirement in 2021 to address complaints over its routine use of "tolling orders" that blocked landowners and others from challenging pipeline approvals in court for months, at the same time that pipeline construction was starting. But the agency said it now believes the waiting period is no longer warranted, and that ending it will align with President Donald Trump's desire to end "unnecessary delays" for energy infrastructure development.

US interior secretary Doug Burgum, who chairs Trump's energy dominance council, said the change will cut 6-12 months from the time required to construct natural gas infrastructure projects. The revision will improve investor confidence and reduce the risks of project cancellations, he said.

"No longer are we allowing lawsuits to pause these critical projects," Burgum said in a social media post on Wednesday

Pipeline industry group the Interstate Natural Gas Association of America asked FERC to eliminate the waiting period on 14 April. The group argued that even a short wait to the start of construction could lead to extensive delays, given constraints such as the weather or restrictions on when trees can be cut down. FERC proposed the rules change on 18 June.

FERC, in its order on Tuesday, said the waiting period was "no longer necessary" partly because of a court ruling that found the agency could no longer use tolling orders to indefinitely delay lawsuits. Project opponents are now able to file lawsuits challenging projects within 30 days of filing a request for rehearing of an agency decision.

The US Senate separately voted on Tuesday to confirm Laura Swett and David LaCerte, who are both Republicans, to become commissioners at FERC. Democrats currently hold a 2-1 majority at FERC, but once Swett and LaCerte are sworn in, Republicans will hold a 3-2 majority.


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