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Delaware Dep't of Natural Resources & Envtl. Control v. Federal Energy Regulatory Comm'n

ELR Citation: 39 ELR 20063
Nos. No. 07-1007, (D.C. Cir., 03/13/2009)

The D.C. Circuit held that a state agency lacked standing to challenge two Federal Energy Regulatory Commission (FERC) orders conditionally approving a company's application to site, construct, and operate a liquid natural gas terminal near the mouth of the Delaware River. FERC conditionally approved the project because it is subject to coastal zone consistency reviews in New Jersey, Delaware, and Pennsylvania. FERC's order, therefore, is explicitly conditioned on Delaware's approval under the Coastal Zone Management Act. Because FERC's order—as it stands now—cannot possibly authorize the project absent the approval of Delaware, the state has suffered no injury-in-fact and it lacks standing.