FERC Pipeline Appeal Delays Defy Due Process, DC Circ. Told

Law360 (January 13, 2020, 6:07 PM EST) -- The Federal Energy Regulatory Commission's practice of stretching out administrative appeals for pipeline objections is unconstitutional and must be scrapped, opponents of the $1 billion Atlantic Sunrise project told the D.C. Circuit on Friday after the appeals court agreed to take a closer look at FERC's policy.

Landowners and allied environmental groups, who say that FERC took too long to deny protests of the natural gas pipeline that must precede court challenges, came out firing in their opening brief following the D.C. Circuit's decision last month to grant them en banc rehearing. The court backed FERC's approval of the Atlantic Sunrise project in August....

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