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The Federal Energy Regulatory Commission (FERC) decides whether to issue a certificate for a proposed interstate natural gas pipeline under Section 7 of the Natural Gas Act. Its review combines a public-interest decision, environmental review and public participation. A certificate is not a complete construction permit: other approvals and compliance with certificate conditions may still be required before work begins.
What FERC reviews—and what it does not
FERC reviews applications to construct and operate jurisdictional interstate natural gas pipeline facilities. Its certificate decision is made under Section 7 of the Natural Gas Act (NGA), based on the governing statute, Commission policy and the record for the particular project. The decision may approve or deny the application, or approve it with conditions or modifications.
FERC is not the pipeline operational-safety regulator. Safety and security oversight are handled by other agencies. FERC’s role includes reviewing the proposed facilities, conducting environmental review, deciding the certificate application and monitoring compliance with certificate conditions during construction and restoration.
How the federal review proceeds
1. The company develops a proposal, sometimes using pre-filing
A project sponsor may ask FERC to conduct voluntary pre-filing environmental review before submitting its formal application. FERC staff can engage with stakeholders early, helping identify route and environmental concerns while the proposal is being developed. Pre-filing is optional; a sponsor can also file an application without it.
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Pre-filing is not the formal certificate case. Because no application is yet before the Commission, interested people cannot intervene at this stage. They can use the available pre-filing channels to raise concerns.
2. The sponsor files a Section 7 application
The formal application seeks a certificate of public convenience and necessity to construct and operate the proposed interstate facilities. FERC issues notice of the application, opening the formal proceeding and the opportunity for interested people to comment and request intervenor status under the Commission’s procedures.
3. FERC reviews the record and environmental effects
FERC identifies environmental issues, examines the application and may ask the sponsor for additional information. Staff prepares an environmental assessment (EA) or an environmental impact statement (EIS), depending on the project and review. The environmental review takes place alongside the certificate proceeding; it informs the record but is not itself the Commission’s certificate decision.
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People may comment on the environmental document. FERC considers comments in the record and addresses them in its review or order. The applicable notice and project docket determine the comment deadlines and procedures; there is no single comment window that applies to every pipeline case.
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After considering the application and record, the Commission issues an order approving or denying the request. An approval can include conditions or modifications. The decision addresses the project’s need and impacts under the statutory standard, Commission policy and case-specific record; it is not an automatic result of filing an application or completing an environmental document.
5. The project obtains remaining authorizations and meets conditions
Certificate issuance alone does not mean construction can immediately begin. The certificate must be issued and accepted, required permits and authorizations must be obtained, and the project must satisfy applicable environmental conditions. FERC identifies permits under the Clean Water Act, Coastal Zone Management Act and Clean Air Act as examples of authorizations that may be required, depending on the project.
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6. FERC monitors construction compliance and restoration
FERC’s oversight continues after certificate issuance. The Commission monitors compliance with certificate conditions, including environmental requirements and obligations to restore affected areas. This construction oversight is separate from operational pipeline safety regulation.
Two routes into formal review
| Route | When concerns can be raised | When intervention is available |
|---|---|---|
| Voluntary pre-filing, then formal application | Stakeholders can raise concerns through available pre-filing channels before the application is filed, as well as during the formal case. | Only after the formal application is filed and FERC issues notice. |
| Formal application without pre-filing | Participation begins through the formal proceeding after FERC issues notice of the application. | After the application is filed and FERC issues notice. |
Pre-filing creates an earlier opportunity to surface issues; it does not confer intervenor status or replace the formal application process.
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Sending a comment and becoming an intervenor are distinct ways to participate. A comment conveys a view or concern for the record. Intervention is a formal procedural status requested after the application is filed, under the Commission’s procedures. A person cannot request intervention during pre-filing.
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People following a project can use FERC’s public records system to track the docket, filings, notices and orders. FERC’s Office of Public Participation can help people understand participation options. For deadlines, filing instructions and the status of permits or conditions, check the active project docket and the relevant agency notices.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What a FERC certificate means for landowners
Before a certificate is issued
A company may study a proposed route and ask landowners for access to conduct surveys or discuss an easement. FERC’s landowner guide says state or local trespass rules generally apply before certificate issuance, subject to state law and any other agreement or court order. Survey-access rights vary by state, so a company does not have a general right to enter any property whenever it wants.
After a certificate is issued
If FERC grants a certificate and the company cannot negotiate an easement needed for the authorized project, NGA Section 7(h) provides for eminent domain. That authority is tied to the project and location authorized in the certificate; it does not arise merely because a company applied. A court may decide a dispute over compensation. FERC does not set the compensation amount.
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How long approval may take
FERC’s landowner guide gives a broad typical estimate of one to two years from application to approval for most large pipelines. This is an agency estimate, not a statutory deadline or guarantee; a particular project’s schedule depends on its record, review and procedural circumstances.
What to know about FERC’s certificate policy
FERC announced an updated certificate policy statement on February 17, 2022. It discussed considering evidence of project need beyond precedent agreements and balancing project benefits against adverse impacts. The Commission converted that statement to a draft on March 24, 2022, and said it would not apply to pending cases or applications filed before final guidance. FERC terminated the draft-policy proceeding in an order issued September 12, 2025. The 2022 update should therefore not be described as current final policy.
FERC’s February 17, 2022 announcement described the historical proposal this way: “Precedent agreements between non-affiliates remain important evidence of need but will no longer be the sole factor the Commission considers.” That sentence reflects the 2022 draft-policy discussion, not current operative guidance. For a pending or proposed project, consult the governing law, controlling Commission guidance and the actual order in that docket.
Where to check a specific project
- Application and current filings: Review the project’s FERC docket for the application, comments, motions and other submissions.
- Environmental review: Check FERC notices and environmental documents for the document type, identified issues, responses and applicable comment deadlines.
- Decision and construction requirements: Read the certificate order for its conditions and identify any required permits or authorizations from other agencies.
- Landowner participation: Consult FERC’s landowner guidance and the relevant state rules for survey access and property-specific questions.
FERC’s pipeline-jurisdiction overview was updated in July 2025 and its landowner guide in May 2025; its certificate-process flow page was last updated in 2020. The active docket and project-specific orders control the details of an individual proceeding.
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