What DC Circ. Tolling Order Ruling Means For FERC Cases

Law360 (July 15, 2020, 4:37 PM EDT) -- On June 30, in Allegheny Defense Project v. Federal Energy Regulatory Commission, the U.S. Court of Appeals for the District of Columbia Circuit ruled en banc that FERC cannot indefinitely delay its rehearing of cases arising under the Natural Gas Act, or NGA, through the use of nonsubstantive tolling orders, in order to avoid such requests being deemed denied by operation of law.

This decision eliminates what has been a common practice at the agency for decades. Moreover, as the operative language of the NGA and the Federal Power Act, or FPA, are nearly identical and have been repeatedly subject to...

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