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NO Gas Pipeline v. Federal Energy Regulatory Commission

ELR Citation: 44 ELR 20147
Nos. 12-1470, (D.C. Cir., 07/01/2014)

The D.C. Circuit held that it lacks jurisdiction over petitions for review of a FERC order granting a certificate of public convenience and necessity for the construction of a natural gas pipeline connecting New York and New Jersey. Environmental groups sought review, claiming that FERC violated NEPA. A city filed a petition as well, arguing that FERC could not constitutionally conduct the proceedings and grant the order because its financial structure created “possible temptation” to be biased in favor of pipeline companies. But the environmental petitioners lack standing because their injuries are merely speculative. And the city's petition raises questions that fall outside the jurisdictional grounds of the Natural Gas Act. Although the city claims to be an aggrieved party, it has not demonstrated how it has been injured and does not challenge any part of FERC’s ruling either as to its reasoning, its findings, or any decision in the administrative proceeding.