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MURRAY ENERGY CORP. v. F.E.R.C.

No. 09-1207.

629 F.3d 231 (2011)

MURRAY ENERGY CORPORATION, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Rockies Express Pipeline LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 7, 2011.

Attorney(s) appearing for the Case

R. Timothy McCrum argued the cause for petitioners. With him on the briefs were Jennifer N. Waters and J. Michael Klise .

Holly E. Cafer , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Thomas R. Sheets , General Counsel, and Robert H. Solomon .

J. Curtis Moffatt argued the cause for intervenors. With him on the brief were Amy W. Beizer , Shippen Howe , William F. Demarest Jr. , and Douglas F. John .

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

Rockies Express Pipeline LLC (REX) is a natural gas company that built and now operates the REX-East pipeline. The REX-East runs approximately 639 miles from Audrain County, Missouri, to Monroe County, Ohio, where it crosses land above the Century Mine, an underground longwall coal mine owned and operated by Murray Energy Corporation (Murray). Longwall mining causes the surface above to subside in...

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