INEOS USA LLC v. FERC, No. 18-1081 (D.C. Cir. 2019)Annotate this Case
INEOS, a chemical producer, petitioned for review of the Commission's decision to accept tariff filings without an investigation under Section 15(7) of the Interstate Commerce Act (ICA). The DC Circuit dismissed the petition for review based on lack of jurisdiction, holding that INEOS lacked Article III standing.
In this case, INEOS' claim of competitive injury from denial of access to the South Eddy Lateral was too speculative to support standing; INEOS has not established that it would have received access to the South Eddy Lateral more quickly absent the transfer of ownership; and INEOS also failed to demonstrate that harm it has allegedly suffered was fairly traceable to the Commission's acceptance of the protested tariff filings. Finally, the court rejected INEOS' contention that the Commission's determination denied it of the opportunity to challenge Mid-America's disposition of the South Eddy Lateral as an exercise of undue discrimination and affiliate abuse.