BIRCKHEAD v. F.E.R.C.

No. 18-1218.

925 F.3d 510 (2019)

Lori BIRCKHEAD, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Tennessee Gas Pipeline Company, LLC, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 4, 2019.


Attorney(s) appearing for the Case

Carolyn Elefant argued the cause and filed the briefs for petitioners.

Robert H. Solomon , Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were James P. Danly , General Counsel, and Scott Ray Ediger , Attorney. Elizabeth E. Rylander , Attorney, entered an appearance.

Brian D. O'Neill , Washington, DC, argued the cause for intervenor. With him on the brief were Michael R. Pincus and Frances Bishop Morris , Washington, DC.

Before: Garland, Chief Judge, and Tatel and Wilkins, Circuit Judges.


Residents and business owners have petitioned for review of the Federal Energy Regulatory Commission's decision to authorize the construction and operation of a new natural gas compression facility in Davidson County, Tennessee. They argue that the Commission violated the National Environmental Policy Act (NEPA) by failing to adequately assess...

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