Administrative Law: Scope of Judicial Review

摘要

In 2001, FERC disclaims jurisdiction over a 12.43 mile pipeline owned by Transcontinental Gas Pipe Line Corp. that lies downstream of certain facilities owned by Jupiter Energy Corp. Upon an initial appeal, the FERC orders are upheld as being supported by substantial evidence. Williams Gas Processing-Gulf Coast Co. v. Federal Energy Regulatory Commission, 331 F.3d 1011, 157 O.&G.R. 890 (D.C.Cir. 2003). In 2003, in a separate proceeding initiated by Jupiter, FERC determines that the Jupiter pipeline serves a transportation function and is thus subject to its jurisdiction. On appeal, the FERC decision is found to be arbitrary and capricious because Jupiter's pipeline is upstream of the gathering, non-jurisdictional lines of Transco. Jupiter Energy Corp. v. Federal Energy Regulatory Commission, 407 F.3d 346,166 0.&G.R. 388 (5th Cir. 2005).