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

No. 16-1092.

857 F.3d 388 (2017)

DELAWARE RIVERKEEPER NETWORK and Maya Van Rossum, the Delaware Riverkeeper, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Transcontinental Gas Pipe Line Company, LLC, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 23, 2017.


Attorney(s) appearing for the Case

Aaron Stemplewicz , Bristol, PA, argued the cause and filed the briefs for petitioners.

Holly E. Cafer , Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Robert H. Solomon , Solicitor, and Lisa B. Luftig , Attorney. Karin L. Larson , Attorney, Federal Energy Regulatory Commission, entered an appearance.

John F. Stoviak , Philadelphia, PA, argued the cause for intervenor. With him on the brief were Pamela S. Goodwin , Princeton, NJ, Elizabeth U. Witmer , Wayne, PA, and Patrick F. Nugent , Philadelphia, PA.

Before: Garland, Chief Judge, Griffith, Circuit Judge, and Edwards, Senior Circuit Judge.


This case involves three federal statutes: the Natural Gas Act ("NGA"), 15 U.S.C. § 717, et seq.; the Clean Water Act ("CWA"), formally titled the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1251, et seq.; and the National Environmental Policy Act ("NEPA"), 42 U.S.C....

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