FERC Tells DC Circ. Gas Exports Can Justify Eminent Domain

Law360 (July 21, 2021, 2:54 PM EDT) -- The Federal Energy Regulatory Commission told the D.C. Circuit that it properly relied on commitments to export natural gas to foreign markets to support its decision to grant the developer of a $2.1 billion pipeline eminent domain authority.

FERC said Tuesday it properly issued a certificate for the pipeline under the Natural Gas Act after the D.C. Circuit told the commission in September 2019 that it needed to address questions raised by the city of Oberlin, Ohio, about why shipments to Canada meant the since-completed Nexus pipeline is necessary.

The commission explained itself on remand in September 2020. It is now...

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