FERC nixes rule that critics said impeded energy projects

By Carlos Anchondo | 10/09/2025 06:57 AM EDT

The commission’s action is intended to keep construction moving forward even if projects are facing rehearing requests.

FERC headquarters.

Federal Energy Regulatory Commission headquarters in Washington. Francis Chung/E&E News

The Federal Energy Regulatory Commission has axed a rule that prohibited construction on pipeline and natural gas facilities while the agency considered certain appeals requests — a step cheered by the Trump administration’s National Energy Dominance Council.

On Tuesday, FERC published a final rule that removes a section of its regulations added by Order 871, which was enacted in 2020 and amended in 2021. The rule was intended to better protect landowner rights while giving developers needed certainty, according to former FERC Chair Richard Glick, a Democrat.

But the order has since been criticized by industry and FERC leaders as a stall tactic by project opponents — a claim that environmental groups reject.

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In a LinkedIn post on Tuesday, Brittany Kelm, a senior policy adviser for the National Energy Dominance Council, applauded FERC’s new final rule. President Donald Trump established the council in February to advise him on energy issues.

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