FERC Can't Justify $7B Pipeline Approval, DC Circ. Told

Law360 (April 8, 2019, 6:22 PM EDT) -- Opponents of the $7 billion Atlantic Coast gas pipeline fired an opening salvo in the D.C. Circuit, claiming the Federal Energy Regulatory Commission approved an unneeded project with a flawed environmental review and let the pipeline's developers unconstitutionally seize property for it.

Conservation and landowner groups say FERC's October 2017 approval of the 600-mile Atlantic Coast pipeline running through West Virginia, Virginia and North Carolina, was "striking and inexplicable," borrowing a phrase from a December Fourth Circuit ruling that invalidated a U.S. Forest Service permit for the project.

The commission failed to show the project was publicly needed, as required by...

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