ADORERS OF THE BLOOD OF CHRIST v. FEDERAL ENERGY REGULATORY COMMISSION

No. 17-3163.

897 F.3d 187 (2018)

ADORERS OF THE BLOOD OF CHRIST, United States Province, n/k/a Adorers of the Blood of Christ, United States Region, Successor By Merger To Adorers the Blood of Christ, Province of Columbia, PA, Inc., formerly known as Saint Joseph's Convent, Mother House of Sister Adorers of the Most Precious Blood, Columbia, PA also known as Sisters Adorers of the Most Precious Blood, St. Joseph Convent, Columbia, PA formerly known as Saint Joseph Convent Motherhouse of the Adorers of the Blood of Christ, Columbia, Pennsylvania, Inc.; Sister Dani Brought; Sister Mary Alan Wurth; Sister Sara Dwyer; Sister Maria Hughes; Sister Therese Marie Smith, Appellants, v. FEDERAL ENERGY REGULATORY COMMISSION; Commissioner of the Federal Energy Regulatory Commission; Transcontinental Gas Pipe Line Company, LLC, c/o CT Corporation System.

United States Court of Appeals, Third Circuit.

Opinion Filed: July 25, 2018.


Attorney(s) appearing for the Case

J. Dwight Yoder, Esq. [Argued], Gibbel, Kraybill & Hess, 2933 Lititz Pike, P.O. Box 5349, Lancaster, PA 17606, Counsel for Appellants.

Susanna Y. Chu, Esq. [Argued], Robert H. Solomon, Esq. , Federal Energy Regulatory Commission, 888 1st Street, N.E., Washington, DC 20426, Counsel for Appellees Federal Energy Regulatory Commission and Commissioner Federal Energy Regulatory Commission.

Elizabeth U. Witmer, Esq. [Argued], Saul Ewing Arnstein & Lehr, 1200 Liberty Ridge Drive, Suite 200, Wayne, PA 19087, Patrick F. Nugent, Esq. , Sean T. O'Neill, Esq. , John F. Stoviak, Esq. , Saul Ewing Arnstein & Lehr, 1500 Market Street, Centre Square West, 38th Floor, Philadelphia, PA 19102, Counsel for Appellee Transcontinental Gas Pipe Line Company, LLC.

Before: SMITH, Chief Judge, GREENAWAY, JR., and KRAUSE, Circuit Judges.


OPINION

Under the Natural Gas Act ("NGA"), 15 U.S.C. §§ 717-717z, the Federal Energy Regulatory Commission ("FERC") has the power to issue "certificates of public convenience and necessity" authorizing private developers to construct, operate, and maintain interstate natural gas pipeline projects...

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