
Permitting Reform Legislation: What Armstrong’s AEMI Would Change
Armstrong’s AEMI is the most comprehensive permitting reform legislation yet. We rank its NEPA, Section 401, and remedy provisions by impact.
Originally published for customers July 15, 2026.
What’s the issue?
Two major western gas pipelines, Bakken East and Desert Southwest, are advancing through FERC pre-filing review at the same time, and early comment activity suggests western gas pipeline permitting may be drawing different levels of public scrutiny for the two projects.
Why does it matter?
Both projects test emerging regional gas markets: Desert Southwest is backed by major utilities and gas distributors serving established demand, while Bakken East is backed by a North Dakota shipper guarantee.
What’s our view?
The comparison is still early, but Desert Southwest’s nine pre-scoping comments suggest public scrutiny may be developing earlier and more broadly than it did for Bakken East.
Bakken East and Desert Southwest are two large interstate natural gas pipelines in FERC’s pre-filing review. Bakken East would move western North Dakota gas toward new power generation, industry, and pipeline connections farther east; Desert Southwest would expand capacity to serve growing demand across the Southwest. Both are among the FERC pre-filing projects Arbo tracks. This post compares the two projects’ commercial backing, FERC environmental issues lists, scoping schedules, and the early public comment record through the July 10 data cutoff.
As discussed in Western Test Cases: Bakken East and the Critical Energy Reliability Link, Bakken East is intended to move gas from western North Dakota toward new power generation, industrial facilities, local distribution companies, and interstate pipeline connections farther east. It would have 350 miles of mainline, roughly 90 miles of laterals, two new compressor stations, and additional compression at three existing stations.
The project is part of a broader state effort to create more durable demand for abundant Bakken supply. As discussed in The Good, the Badlands, and the Intensity, North Dakota is pursuing gas-fired generation, industrial development, and large-load growth while trying to reduce constraints on locally produced gas. That market is still developing. WBI based the project on a nonbinding open season and planned a later binding open season to determine its final design. The North Dakota shipper guarantee provides an initial commercial foundation while private demand continues to form.
Desert Southwest is farther along commercially. As discussed in Wired West: Energy Transfer’s Pipeline Expansion Targets Growing Southwest Demand, the project is intended to serve population growth, utility load, and continued power demand across the Southwest. Transwestern now proposes up to 2.3 Bcf/d of incremental capacity through approximately 520 miles of 48-inch mainline, 186 miles of laterals, 15 receipt and delivery connections, and more than 400,000 horsepower of compression. It has precedent agreements covering approximately 65% of project capacity with major Arizona utilities, gas distributors, and ETC Marketing.
The two projects represent two kinds of emerging markets. Bakken East is helping establish demand around North Dakota supply. Desert Southwest is expanding capacity to serve established and growing demand, part of the broader shift in where new gas demand is emerging.

FERC’s preliminary issues list for Bakken East names two categories of concern: crossings of federal and state land, and crossings of navigable rivers and flood-control structures. Desert Southwest’s list is longer. FERC flags potential effects on water use, federal wilderness areas including the Muleshoe Ranch Cooperative Management Area and the San Pedro River Valley, endangered species habitat, and tribal cultural resources.
Whether these differences have anything to do with the comment activity is a question for later, once all the filings are in. For now, they are the context for why the two projects’ environmental review looks different on paper, against the backdrop of shifting federal environmental rulemaking.
Bakken East entered pre-filing on December 23, 2025. Its scoping period ran from May 5 through June 4, 2026, and FERC held four public meetings. Desert Southwest entered pre-filing on March 27, 2026. Its scoping period began July 6, 2026 and will close August 5, 2026. As of the July 10 cutoff, none of its public meetings had occurred. The two projects are therefore not at the same stage.

Even with that timing gap, the comment data collected so far tells us something. Bakken East has drawn 31 comments over its completed scoping window, and none arrived before that window opened. Desert Southwest has drawn 12 comments total, and nine of them were filed before FERC asked for any input at all. The more useful early comparison is therefore nine to zero: Bakken East received no comments before scoping opened, and Desert Southwest received nine.
The overall sample is relatively small, and the filings themselves have not yet been reviewed. Arbo will follow up with a sentiment comparison once all comments are in; Desert Southwest’s scoping period closes August 5, 2026. What the pattern shows now is a difference in timing and initiative: something is prompting people to engage with the Desert Southwest docket before FERC has opened the door for comment, and nothing comparable happened at any point on the Bakken East docket.
Once all comments are in, the question will not be how many total comments each project drew, but what issues they raise, including whether the terrain and environmental differences described above show up in the public record.
Bakken East, developed by WBI, would move western North Dakota gas east through 350 miles of mainline and roughly 90 miles of laterals. Desert Southwest, developed by Transwestern, would add up to 2.3 Bcf/d across approximately 520 miles of 48-inch mainline to serve growing Southwest demand.
Both are in FERC pre-filing review. Bakken East entered on December 23, 2025 and completed scoping (May 5 to June 4, 2026); Desert Southwest entered on March 27, 2026, with scoping running July 6 to August 5, 2026.
As of the July 10 cutoff, nine of Desert Southwest’s twelve comments were filed before FERC opened scoping, while Bakken East received none before its window opened, a nine-to-zero early gap. The filings have not yet been analyzed.
For Bakken East, FERC’s preliminary issues list cites crossings of federal and state land and of navigable rivers and flood-control structures. For Desert Southwest, it cites water use, federal wilderness areas including the Muleshoe Ranch Cooperative Management Area and the San Pedro River Valley, endangered species habitat, and tribal cultural resources.
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