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B&J OIL AND GAS v. F.E.R.C.

No. 02-1306.

353 F.3d 71 (2004)

B&J OIL AND GAS, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Dominion Transmission, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 13, 2004.

Attorney(s) appearing for the Case

Edward W. Hengerer argued the cause and filed the briefs for petitioner.

Laura J. Vallance, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.

H. Christopher Bartolomucci argued the cause for intervenor. On the brief were Kevin J. Lipson and Christopher A. Schindler.

Before: GINSBURG, Chief Judge, and ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

In this case, we consider an energy producer's challenge to the Federal Energy Regulatory Commission's decision to permit a neighboring natural gas pipeline operator to expand an underground gas storage facility onto the producer's property. Although we reject FERC's argument that the producer lacks standing to pursue this challenge, because...

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