Improving Interagency Coordination for Pipeline Reviews Act

Enumerated powers · passes

Congress has authority under the Commerce Clause (Article I, Section 8, Clause 3) to regulate interstate natural gas pipelines and LNG terminals. The bill's provisions, including preemption of state water quality certification, fall within the scope of interstate commerce regulation.

Bill of Rights · passes

The bill does not infringe any of the first ten amendments. It addresses administrative procedures for pipeline reviews and does not restrict speech, religion, press, assembly, petition, arms, quartering, search and seizure, self-incrimination, due process (procedural), fair trial, jury, cruel and unusual punishment, unenumerated rights, or reserved powers in a manner that violates the Bill of Rights.

Individual liberty · passes

The bill regulates corporate permit processes for pipeline projects, not individual conduct. It does not restrict what a person can do with their own person, property, speech, labor, or belief. The government has not imposed a restriction on individual freedom that requires compelling justification.

Decentralization · raises concerns · severity: significant

The bill consolidates decision-making at the federal level by making FERC the sole lead agency and removing state water quality certification under Section 401 of the Clean Water Act. While interstate pipelines require some federal coordination, states have traditionally regulated water quality under their police powers. The Tenth Amendment reserves such powers to the states. The bill fails the decentralization test because it removes state authority without a compelling constitutional justification, consolidating upward more than necessary.

Due process and takings · passes · severity: minor

The bill does not bypass due process or take property without just compensation. It sets a 90-day deadline after NEPA review, which could be seen as rushing but does not deny notice or hearing. The removal of state water quality certification is a preemption of state regulatory authority, not a taking of private property. Procedural due process is maintained through FERC's review process.