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Communities for a Better Env't v. Richmond, City of

ELR Citation: 40 ELR 20130
Nos. No. A125618, (Cal. App. 1st Dist., 04/26/2010) Aff'd

The D.C. Circuit denied a petition to review FERC's approval of a construction project that would allow a natural gas importer to import greater quantities of liquefied natural gas and distribute it in gaseous form. The petitioner, a utility, argued that higher volumes of regasified liquefied natural gas would pass through its piping system as a result of the expansion, which in turn would pose an increased risk of unsafe natural gas leakage. But by imposing a post-expansion limit on the project that matched the pre-expansion limit, FERC satisfactorily ensured that the expansion will not result in an increased risk of unsafe natural gas leakage.

[A prior decision in this litigation can be found at 39 ELR 20126.]