DC Circ. Dumps FERC Policy That Delays Pipeline Appeals

Law360 (June 30, 2020, 4:36 PM EDT) -- The D.C. Circuit ruled en banc Tuesday that the Federal Energy Regulatory Commission can't delay requests to reconsider its approval of gas infrastructure projects in order to stave off judicial challenges, saying the agency's tolling policy unlawfully rewrites the Natural Gas Act.

In a major victory for landowners whose properties lie in the path of pipelines and other projects, the appeals court said in a 10-1 ruling that FERC's policy of tolling rehearing requests directly conflicts with the Natural Gas Act's 30-day deadline to act on them.

Under the law, rehearing requests are deemed denied if FERC doesn't act within 30...

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