2 FERC Intrastate Gas Rules Struck Down By 5th Circ.

Law360, New York (October 25, 2011, 4:21 PM EDT) -- The Fifth Circuit on Monday vacated two Federal Energy Regulatory Commission orders regulating intrastate transportation of natural gas, saying agencies cannot invent ambiguity within a federal law to expand the authority that the law gives them.

The Texas Pipeline Association and the Railroad Commission of Texas took issue with the orders, filing a petition for review in January 2010 and insisting that the FERC was in violation of the Administrative Procedure Act and the Natural Gas Act, the latter of which gives the commission the authority...
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