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

No. 17-5084.

895 F.3d 102 (2018)

DELAWARE RIVERKEEPER NETWORK and Maya Van Rossum, Appellants, v. FEDERAL ENERGY REGULATORY COMMISSION, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 10, 2018.

Attorney(s) appearing for the Case

Jordan Yeager argued the cause for appellants. With him on the briefs was Aaron Stemplewicz .

Christopher D. Ahlers was on the brief for amicus curiae Clean Air Council supporting plaintiff-appellants and supporting reversal of the decision below.

Ross R. Fulton , Attorney, Federal Energy Regulatory Commission, argued the cause for appellees. With him on the brief were James P. Danly , General Counsel, and Robert H. Solomon , Solicitor.

Jeremy C. Marwell argued the cause for intervenor-appellee PennEast Pipeline Company, LLC. With him on the brief were Michael B. Wigmore , Matthew X. Etchemendy , Frank H. Markle , and James D. Seegers.

Melissa N. Patterson , Attorney, U.S. Department of Justice, argued the cause for amicus curiae United States of America. With her on the brief were Chad A. Readler , Acting Assistant Attorney General, Jessie K. Liu , U.S. Attorney, and Scott R. McIntosh , Attorney.

Erika Maley and William R. Levi were on the brief for amici curiae Interstate Natural Gas Association of America supporting appellees.

Before: Griffith and Katsas, Circuit Judges, and Edwards, Senior Circuit Judge.

This appeal presents broad due-process challenges to how the Federal Energy Regulatory Commission conducts business. By statute, FERC is required to recover its costs from regulated industries. The appellants contend that this improperly incentivizes the Commission to approve new natural-gas pipelines...

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