FERC Tells DC Circ. $6B Pipeline Fight Is Dead End

Law360 (February 8, 2021, 3:47 PM EST) -- The Federal Energy Regulatory Commission has told the D.C. Circuit that landowners opposed to the $6 billion Mountain Valley natural gas pipeline can't bypass the Natural Gas Act's process for challenging it and that a lower court was right to toss their broad attack on FERC's authority.

The landowners filed their suit directly in district court, which FERC says improperly bypassed the NGA's instruction that challenges proceed first through FERC and then head to the appeals courts. The agency and Mountain Valley Pipeline LLC argued in briefs Friday that the lower court looked at the challenge, understood its fundamental flaws and...

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