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Exxon Mobil Corp. v. Federal Energy Regulatory Comm'n

ELR Citation: 37 ELR 20195
Nos. No. 05-1299, (D.C. Cir., 07/27/2007)

The D.C. Circuit denied petitions to review two Federal Energy Regulatory Commission (FERC) regulations concerning the project design and capacity expansion of Alaska natural gas transportation projects. The petitioner wants to construct a natural gas pipeline from the North Slope of Alaska to the contiguous United States and is concerned that the regulations—18 C.F.R. §§157.37 and 157.36—will result in delay and hardship. Specifically, the petitioner argued that the regulations violate the Alaska Natural Gas Pipeline Act and the Natural Gas Act. Yet neither regulation is facially invalid. Section 157.37, by its terms, does not assert authority to condition approval of a proposal to build an Alaska pipeline upon an increase in capacity above that proposed by the project's sponsor. And §157.36 merely authorizes FERC to condition approval of a voluntarily proposed expansion upon a different allocation of the added capacity, not upon an increase in that capacity.