The Future Of FERC’s ‘Conditioning Authority’

Law360 (April 3, 2009, 12:00 AM EDT) -- Although development of natural gas infrastructure is largely regulated by the Federal Energy Regulatory Commission, many other federal and state agencies play roles under the applicable federal laws.

In order to facilitate orderly review of natural gas projects, including liquefied natural gas (“LNG”) import facilities, the FERC has created procedures to coordinate the various agencies’ sometimes-overlapping reviews.

In a case recently heard by the U.S. Court of Appeals for the D.C. Circuit, however, a state directly challenged the legality of the FERC’s framework.

Because the case...
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