• Time to Overturn Precedent on FERC Orders, Landowners Tell Court

    Federal judges should seize an opportunity to reverse a “fundamentally flawed” precedent that keeps pipeline opponents out of court until it’s too late to halt a project, lawyers for landowners and environmentalists said in new court filings.

    “The United States Constitution and federal common law guarantee property owners a meaningful opportunity to be heard in opposition to a faulty public » Continue Reading.

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  • DC Circuit Agrees to Review FERC Practice Called “Kafkaesque”

    The D.C. Circuit will take a closer look at a federal energy agency’s review practice that has long frustrated natural gas pipeline challengers and was recently derided by one judge as a “Kafkaesque regime.”

    The U.S. Court of Appeals for the District of Columbia Circuit on Dec. 5 agreed to rehear a case involving the Transcontinental Pipeline’s Atlantic Sunrise project, which » Continue Reading.

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