Allegheny Defense Project v. FERC, No. 17-1098 (D.C. Cir. 2019)Annotate this Case
The DC Circuit denied petitions for review challenging the Commission's orders permitting Transcontinental Gas to move forward with a pipeline expansion called the Atlantic Sunrise Project. The court held that the administrative record foreclosed the Homeowners' and Environmental Associations' three arguments under the National Environmental Policy Act (NEPA); the Commission's market-need determination did not violate the Natural Gas Act; and circuit precedent foreclosed the Environmental Associations' and Homeowners' argument that the Commission's authorization for construction to go forward while their rehearing petitions were still pending—and thus before the Commission's decision was final and judicially reviewable—denied them due process.
The court issued a subsequent related opinion or order on December 5, 2019.