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Delaware Riverkeeper Network v. Federal Energy Regulatory Commission

ELR Citation: 49 ELR 20002
Nos. 18-1108, (D.C. Cir., 12/27/2018)

In an unpublished opinion, the D.C. Circuit dismissed an environmental group's petition to review FERC's issuance of a certificate of public convenience and necessity authorizing construction of a gas pipeline. The group challenged the Commission's failure to explain why an alternative option to build a compressor station was included in an internal draft of the EA but not the final EA. But the court found the Commission was not required to publish its internal draft nor to explain differences between that draft and the final EA, and thus its failure to do so was not arbitrary or capricious. The court therefore denied the group's petition.