NATIONAL COMMITTEE FOR THE NEW RIVER v. F.E.R.C.

No. 03-1111.

373 F.3d 1323 (2004)

NATIONAL COMMITTEE FOR THE NEW RIVER, INC. and Barbara G. Smith, an Individual, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. East Tennessee Natural Gas Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 9, 2004.


Attorney(s) appearing for the Case

James W. McNeely argued the cause and filed the briefs for petitioners.

Dennis Lane, Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief was Cynthia A. Marlette, General Counsel.

Henry S. May, Jr., John S. Decker, Catherine O'Harra and Paul M. Teague were on the brief for intervenor.

Before: SENTELLE, ROGERS and GARLAND, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

At issue in this appeal are two orders of the Federal Energy Regulatory Commission approving the application of the East Tennessee Natural Gas Company ("East Tennessee") for a certificate of public convenience and necessity to construct a pipeline extension through southwest Virginia and North Carolina known as "the Patriot Project." The National Committee for the New River, Inc. and...

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