More groups weigh in on key court fight over FERC gas-pipeline process

摘要

Pipeline opponents offered the US Court of Appeals for the District of Columbia Circuit new data January 17 to support their assertions that interstate natural gas project construction is often well underway before they get a chance to challenge federal authorizations in court. Their analysis comes as part of closely watched litigation that could have implications for gas-project timelines and Federal Energy Regulatory Commission procedures. Landowners and environmental groups are asking the court to rein in FERC’s practice of tolling its decisions on requests for rehearing of orders authorizing projects. The practice, the opponents say, grants the agency an indefinite extension while challengers are denied due process and construction often proceeds. Raising the stakes for FERC, the full DC Circuit has agreed to reconsider an August three-judge panel ruling that upheld FERC’s orders and approach (Allegheny Defense Project, et al., v FERC, 17-1098). A friend of the court brief filed on behalf of 16 conservation groups January 17 crunched the numbers on FERC project actions from 2009 to 2019. In more than three-quarters of the cases in which projects faced challenges (48 out of 61), FERC authorized construction activity while rehearing requests were still pending, the groups’ analysis found.