SOUTH COAST AIR QUALITY MANAGEMENT v. F.E.R.C.

No. 08-72265.

621 F.3d 1085 (2010)

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, and Public Utilities Commission of the State of California; Sempra LNG Marketing Corp.; North Baja Pipeline, LLC; Shell Energy North America (U.S.L.P.); San Diego Gas & Electric Company; Southern California Gas Company, Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed September 9, 2010.


Attorney(s) appearing for the Case

Daniel P. Selmi , Los Angeles, CA, and Deborah L. Keeth , Shute, Mihaly & Weinberger, San Francisco, CA, for the petitioner.

Holly E. Cafer , Federal Energy Regulatory Commission, Washington, D.C., for the respondent.

Harvey Y. Morris , San Francisco, CA, for Intervenor Public Utilities Commission of the State of California.

John R. Ellis , Los Angeles, CA, for Intervenors Southern California Gas Company and San Diego Gas & Electric Company.

Catherine E. Stetson and Lee A. Alexander , Hogan & Hartson LLP, Washington, D.C., for Intervenor North Baja Pipeline, LLC.

William D. Rapp , Sempra Energy, San Diego, CA, for Intervenor Sempra LNG Marketing Corp.

Jeffrey D. Watkiss , Bracewell & Giuliani, Washington, D.C., for Intervenor Shell Energy North America (US), L.P.

Before: MICHAEL DALY HAWKINS and SIDNEY R. THOMAS, Circuit Judges, and EDWARD R. KORMAN, District Judge.


OPINION

KORMAN, District Judge:

Natural gas is generally regarded as the cleanest conventional fossil fuel. Nevertheless, as the dispute that forms the basis of this appeal demonstrates, the burning of this energy source releases air pollutants—namely, nitrogen oxides (NOx), the precursors that lead to the chemical formation of ozone and particulate matter, two federally-regulated pollutants and the...

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