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SIERRA CLUB v. F.E.R.C.

No. 16-1329 Consolidated with 16-1387.

867 F.3d 1357 (2017)

SIERRA CLUB, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Duke Energy Florida, LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 22, 2017.

Attorney(s) appearing for the Case

Elizabeth F. Benson argued the cause for petitioners Sierra Club, et al. With her on the briefs was Eric Huber.   Keri N. Powell entered an appearance.

Jonathan Perry Waters argued the cause and filed the brief for petitioners G.B.A. Associates, LLC, et al.

Ross R. Fulton , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were David L. Morenoff , General Counsel, Robert H. Solomon , Solicitor, and Nicholas M. Gladd , Attorney. Anand Viswanathan , Attorney, entered an appearance.

Jeremy C. Marwell argued the cause for respondent-intervenors. With him on the brief were Michael B. Wigmore , James D. Seegers , Gregory F. Miller , P. Martin Teague , James H. Jeffries, IV , Charles L. Schlumberger , Sid J. Trant , Anna M. Manasco , Brian D. O'Neill , Michael R. Pincus , and William Lavarco.   Marc J. Ayers and Emily M. Ruzic entered appearances.

Mohammad O. Jazil and David W. Childs were on the brief for amicus curiae The Florida Reliability Coordinating Council, Inc. in support of respondent.

Opinion concurring in part and dissenting in part filed by Circuit Judge Brown.

Environmental groups and landowners have challenged the decision of the Federal Energy Regulatory Commission to approve the construction and operation of three new interstate natural-gas pipelines in the southeastern United States. Their primary argument is that the agency's assessment of the environmental impact of the...

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