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DELAWARE RIVERKEEPER NETWORK v. F.E.R.C.

No. 13-1015.

753 F.3d 1304 (2014)

DELAWARE RIVERKEEPER NETWORK, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Tennessee Gas Pipeline Company, LLC and Statoil Natural Gas, LLC, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 6, 2014.

Attorney(s) appearing for the Case

Aaron Stemplewicz argued the cause for petitioners. With him on the briefs was Susan Kraham.   Jane P. McClintock entered an appearance.

Karin L. Larson , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were David L. Morenoff , Acting General Counsel, and Robert H. Solomon , Solicitor.

John F. Stoviak argued the cause for intervenors. With him on the brief were Pamela S. Goodwin , Thomas S. Schaufelberger , William G. Myers III , and Kirstin Elaine Gibbs.   Christopher M. Heywood entered an appearance.

Concurring opinion filed by Senior Circuit Judge SILBERMAN.

EDWARDS, Senior Circuit Judge:

In May 2012, the Federal Energy Regulatory Commission ("Commission" or "FERC") issued a certificate of public convenience and necessity to Tennessee Gas Pipeline Company, L.L.C. ("Tennessee Gas"), authorizing it to build and operate the Northeast Upgrade Project ("Northeast Project"). The project included five new segments of 30-inch diameter pipeline, totaling about 40 miles, and modified existing compression and metering infrastructure...

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