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33 Vill. Env't L.J. 1 (2022)

handle is hein.journals/vilenvlj33 and id is 1 raw text is: VILLANOVA ENVIRONMENTAL LAW JOURNAL VOLUME 33 2022 ISSUE 1 NATIONAL SCENIC TRAILS, PIPELINES, & FERC: EXAMINING PIPELINE CERTIFICATION AFTER UNITED STATES FOREST SERVICE V. COWPASTURE RIVER FOREST PRESERVA TION ASSOCIA TION CAITLIN M. DOAK* ABSTRACT After the United States Supreme Court held the Atlantic Coast Pipeline (ACP) could cross the Appalachian Trail in United States Forest Service v. Cowpasture River Preservation Association, lawmakers introduced two bills in Congress purporting to protect national scenic trails from pipelines. H.R. 7878 and S. 4502 target the agency responsible for certifying natural gas pipelines: The Federal Energy Regulatory Commission (FERC). FERC is the right target, but these bills miss the mark. Using the ACP as a case study, this Article examines how H.R. 7878 and S. 4502 would work in practice under current FERC policy. H.R. 7878 and S. 4502 are ineffective and inefficient solutions to protect national scenic trails from pipelines. Both bills fail to account for FERC's heavy reliance on precedent agreements - including agreements with corporate affiliates - in determining pipeline need. This Article joins the growing calls for FERC reform. Unless FERC changes its reliance on precedent agreements, trail-specific legislation will not protect trails from pipelines. * J.D., 2021, Sandra Day O'Connor College of Law at Arizona State Univer- sity; B.A., Philosophy, 2016, Dickinson College. I would like to thank Professor Andrew Carter for his supervision of my writing process, my friends and family for providing feedback on early drafts, and the editors of the Villanova Environmental Law Journal for preparing this Article for publication. (1)

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