DC Circ. Judges Cast Doubt On FERC Pipeline Appeal Delays

Law360 (April 27, 2020, 6:37 PM EDT) -- Several D.C. Circuit judges on Monday appeared skeptical that the Natural Gas Act allows the Federal Energy Regulatory Commission to stretch out administrative appeals for pipeline objections by issuing orders tolling requests to reconsider the agency's approvals.

The court is taking a closer look at FERC's practice of tolling the NGA's 30-day deadline to act on rehearing requests at the behest of opponents of the $1 billion Atlantic Sunrise project. Several members of a D.C. Circuit en banc panel indicated during oral arguments that the tolling policy isn't supported by the statute.

However, the judges largely shied away from addressing arguments from...

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