FERC Urges High Court To Pass On NC Pipeline Rate Fight

Law360 (September 5, 2019, 3:13 PM EDT) -- The Federal Energy Regulatory Commission told the U.S. Supreme Court on Wednesday that North Carolina utility regulators can't use a landmark climate change decision to keep alive a challenge to rates approved by FERC when it greenlighted three gas pipeline projects.

In a brief urging the Supreme Court to deny a petition for review from the North Carolina Utilities Commission, FERC said Wednesday the state agency lacks standing because it hasn't alleged a concrete and particularized injury.

"While the existence of a procedural right 'can loosen the strictures of the redressability prong of [the] standing inquiry,' 'the requirement of injury in...

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