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City of Oberlin, Ohio v. Federal Energy Regulatory Commission

ELR Citation: 49 ELR 20151
Nos. 18-1248, (D.C. Cir., 09/06/2019)

The D.C. Circuit remanded to FERC for further explanation of its order authorizing a company to construct an interstate natural gas pipeline through Michigan and Ohio and to use eminent domain to acquire any necessary rights-of-way. A city and landowner group sought vacatur of the order, arguing that the pipeline company's precedent agreements were not strong evidence of market demand because a substantial portion of them were dedicated for export. The court found that FERC failed to adequately justify its determination that it was lawful to credit the company's contracts with foreign shippers serving foreign customers as evidence of market demand for the pipeline. It therefore remanded to FERC for further explanation of this determination.