Big Bend Conservation Alliance v. FERC, No. 17-1002 (D.C. Cir. 2018)Annotate this Case
The DC Circuit denied Big Bend's petitions for review of FERC's two orders authorizing facilities to export natural gas from the United States to Mexico. The court held that it lacked jurisdiction to consider Big Bend's argument that the Trans-Pecos Pipeline is an export facility because Big Bend failed to present this argument to FERC on rehearing. The court also held that substantial evidence supported FERC's finding that the Trans-Pecos Pipeline was a non-jurisdictional intrastate pipeline subject to regulation by the State of Texas; the Trans-Pecos Pipeline was not subject to federal jurisdiction; and the court declined to adopt the theory that FERC's involvement in authorizing the Export Facility was enough to federalize the pipeline.