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Fall River, City of v. Federal Energy Regulatory Comm'n

ELR Citation: 37 ELR 20268
Nos. Nos. 06-1203, -2146, (1st Cir., 10/26/2007)

The First Circuit denied appellants' motion seeking to reverse a July 2005 order of the Federal Energy Regulatory Commission (FERC) granting conditional approval for a liquefied natural gas terminal and FERC's denial of appellants' motion to reopen the record. Where an agency's decision is conditional and evaluations are ongoing, the project approval is not ripe for review. Here, other federal agencies have yet to issue necessary approvals, and no hardships will be experienced unless and until the agencies authorize the project. Additionally, there is no abuse of discretion in denying a reopening of the record where new developments would not compel the agency to adopt a contrary result.