D.C.CIRCUIT RULES OUT DELAWARE'S CLAIM TO INJURY STEMMING FROM FERC'S FIRST-IN-LINE AUTHORIZATION OF CROWN LANDING LNG PROJECT NEAR MOUTH OF DELAWARE RIVER

摘要

On Friday,3/13/09,the United States Court of Appeals for the District of Columbia Circuit ruled that the state of Delaware lacks standing,because"it had not suffered an injury,"to challenge FERC's certificate authorizing the development of the Crown Landing LLC liquefied natural gas(LNG)terminal near the mouth of the Delaware River.The Court did affirm that the project could not go forward any way without the approval of the relevant state agencies(with or without the consent of the Secretary of Commerce).Delaware had sought review of two FERC orders(including one on rehearing)by which the Commission conditionally approved a 2004 application to site,construct,and operate an LNG terminal located on the New Jersey shore with a pier extending into a portion of the Delaware River that appertains to the neighboring state of Delaware.1 Crown Landing is a wholly-owned subsidiary of BP America Production Co.FERC conditionally certificated Crown Landing(CP04-411)on 6/20/06 and later denied rehearing,with a clarification,in November that year.2 The Court's opinion shared by Circuit Judge Judith Rogers and Senior Judge Stephen Williams was written and filed by Senior Circuit Judge Laurence Silberman.Delaware Department of Natural Resources and Environmental Control v.FERC(No.07-1007)Crown Landing LLC/Statoil Natural Gas LLC were intervenors.