to the United States will inevitably diminish as the United
States reduces its dependence on imported energy. Although
few American leaders speak openly about this eventuality,
the strategic community is beginning to think through the
implications. It is a worthwhile exercise because a tectonic
shift may be underway.”
1. “Atlantic Refining Co. v. Public Service Commission of
New York,” 360 US 378, 391, 1959.
2. “Midcoast Interstate Transmission Inc. v. FERC,”
198 F.3d 960, 964, DC Circuit Court, 2000 (citing “FPC v.
Transcontinental Gas Pipe Line Corp.,” 365 US 1, 23, 1961).
3. 425 US 662, 670, 1976.
4. 425 US 662, 670 n. 6, 1976.
5. “Certification of New Interstate Natural Gas Pipeline Facilities,” Statement of Policy, 88 FERC ¶ 61,227, at
61,743,1999, Order Clarifying Statement of Policy, 90 FERC
¶ 61,128, 2000, Order Further Clarifying Statement of Policy, 92 FERC ¶ 61,094, 2000.
6. 90 FERC 61,128 at 61,398.
7. 92 FERC 61,094 at 61,373.
8. 42 USC § 4332( 2)(C).
9. 828 F.3d 949, 953, DC Circuit Court, 2016.
10. “Sierra Club v. FERC,” No. 16-1329, slip op. at 25-26,
Both the HK and HL analyses point out that regulators
and natural gas producers increasingly account for negative
externalities associated with shale-gas production, implying
that they will decrease in the future.
Increases in both market and nonmarket benefits are also
expected in the future. For example, there may be a large
foreign policy premium or dividend associated with exporting natural gas from the US, as there has been for crude
oil exports and decreasing crude oil imports. According to
a RAND Corp. study34 about $83 billion of the US defense
budget is dedicated to ensuring the transit of oil. The North
Atlantic Treaty Organization (NATO) says35 the US spends
roughly $200 billion to keep energy flowing to the global
economy. The NATO report explains this savings for the
US: “In the future, gas is likely to assume greater strategic
importance as a result of the technologically driven changes
in that market and soaring global demand for energy. It goes
without saying that the shale gas and oil boom in the United
States will alter the way it looks at the Middle East and particularly the Persian Gulf. Although that region will remain
a critical supplier of energy to world markets, its importance
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