Wednesday, July 10, 2019

Court Rules That Activist Effort to Deal Blow to FERC Can Proceed

From Law360:
The D.C. Circuit on Tuesday refused to dismiss Oberlin, Ohio’s challenge of the Federal Energy Regulatory Commission’s approval of the $2.1 billion Nexus gas pipeline, even though the city has granted permanent pipeline easements to the pipeline’s developer. 
In a one-page per curiam order, Circuit Judges Judith W. Rogers, Sri Srinivasan and Robert L. Wilkins shot down Nexus’ bid to have the case tossed, apparently rejecting the pipeline company’s argument that the city and the Coalition to Reroute Nexus had lost standing to bring the case. 
Nexus had argued that the city executed a settlement agreement granting the pipeline company a permanent easement for its project on May 7, one day after oral arguments were held in the D.C. Circuit case. The settlement “vitiates” the city’s standing, Nexus said. 
Nexus acknowledged that the settlement agreement contained a provision that the deal had “no application” to the D.C. Circuit case, but the company argued that that “does not salvage the City’s standing in this action.”
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