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CITY OF CLARKSVILLE, TENNESSEE v. F.E.R.C.

No. 16-1244.

888 F.3d 477 (2018)

CITY OF CLARKSVILLE, TENNESSEE, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Todd County, Kentucky, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 24, 2018.

Attorney(s) appearing for the Case

Jeffrey K. Janicke , Washington, DC, argued the cause for petitioner. With him on the briefs were James R. Choukas-Bradley and Joshua L. Menter , Washington, DC.

John P. Gregg and Randolph Elliott were on the brief for amicus curiae American Public Gas Association and American Public Power Association in support of petitioner. Delia D. Patterson entered an appearance.

Beth G. Pacella , Deputy Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were Robert H. Solomon , Solicitor, and Ross R. Fulton , Attorney.

Jennifer N. Waters , Washington, DC, was on the brief for intervenor Todd County, Kentucky in support of respondent.

Before: Griffith and Wilkins, Circuit Judges, and Randolph, Senior Circuit Judge.

We consider a Petition for Review challenging the Federal Energy Regulatory Commission's assertion of Natural Gas Act jurisdiction over the transportation and sale of natural gas for resale from the City of Clarksville, Tennessee to the City of Guthrie, Kentucky. See Order Granting Service Area Determinations, City...

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