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National Comm. for the New River v. Federal Energy Regulatory Comm'n

ELR Citation: 35 ELR 20254
Nos. No. 03-1251, (D.C. Cir., 12/16/2005)

The court dismisses an environmental group's petition for review of seven Federal Energy Regulatory Commission (FERC) orders concerning a natural gas pipeline extension from Virginia to North Carolina. The group lacked standing to assert its claim that the natural gas company's route realignments were unauthorized because they deviated too far from the route FERC originally certified. The group failed to explain why any realignment would inflict a concrete and particularized injury on its members. Nor are the injuries discussed in the affidavits redressable by the relief requested. In addition, the group's appeal of a FERC order rejecting its claim that the company failed to consider a particular route alternative is barred on res judicata grounds. The court has already rejected the group's claim that route alternatives were not adequately considered. And the group's remaining claims were either moot or frivolous.

[A related decision in this litigation is digested at 34 ELR 20047.]