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DELAWARE DEPT. OF NAT. RESOURCES v. F.E.R.C.

No. 07-1007.

558 F.3d 575 (2009)

DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Crown Landing LLC and Statoil Natural Gas, LLC, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 13, 2009.

Attorney(s) appearing for the Case

Scott H. Angstreich argued the cause for petitioner. With him on the briefs were David C. Frederick, Daniel G. Bird, Joseph R. Biden, III, Attorney General, Attorney General's Office of the State of Delaware, Kevin P. Maloney, Deputy Attorney General, and Philip Cherry.

Samuel Soopper, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor.

Frederic G. Berner Jr. was on the brief for intervenor Crown Landing LLC.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge:

Petitioner Delaware seeks review of two FERC orders by which the Commission conditionally approved an application to site, construct, and operate a liquid natural gas terminal near the mouth of the Delaware River. We dismiss the petition for lack of jurisdiction: Delaware lacks standing because it has not suffered an injury-in-fact.

I

In September 2004, Crown Landing LLC...

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