Industry Groups Tell DC Circ. FERC Delay Practice Is OK

Law360 (February 19, 2020, 3:05 PM EST) -- The Interstate Natural Gas Association of America told the D.C. Circuit on Tuesday that the Federal Energy Regulatory Commission’s practice of stretching out administrative appeals for pipeline opponents doesn't deprive those opponents of their due process rights and is sound policy.

The INGAA filed an amicus brief siding with FERC, the Edison Electric Institute and several other industry-aligned groups, arguing that opponents of the $1 billion Atlantic Sunrise project are wrong to suggest that administrative appeals needed to be concluded before companies can exercise eminent domain. On the contrary, the U.S. Constitution’s takings clause “confers no due process right to a...

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