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ALLEGHENY DEFENSE PROJECT v. F.E.R.C.

No. 17-1098 Consolidated with 17-1128, 17-1263, 18-1030.

932 F.3d 940 (2019)

ALLEGHENY DEFENSE PROJECT, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Anadarko Energy Services Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 2019.

Attorney(s) appearing for the Case

Elizabeth F. Benson argued the cause for petitioners Allegheny Defense Project, et al. Siobhan K. Cole , Philadelphia, PA, argued the cause for petitioners Hilltop Hollow Limited Partnership, et al. With them on the joint briefs was Benjamin A. Luckett . Michael N. Onufrak , Philadelphia, PA, and Derek O. Teaney , Lewisburg, WV, entered appearances.

Beth G. Pacella , Deputy Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were James P. Danly , General Counsel, and Robert H. Solomon , Solicitor. Anand Viswanathan , Attorney, entered an appearance.

John F. Stoviak , Philadelphia, PA, argued the cause for intervenors. With him on the joint brief were Pamela S. Goodwin , Princeton, NJ, Elizabeth U. Witmer , Wayne, PA, Patrick F. Nugent , Philadelphia, PA, Kevin M. Sweeney , Washington, DC, Jesse Stuart Unkenholz , and Scott Borden Grover , Birmingham, AL.

Concurring opinion filed by Circuit Judge Millett.

In February 2017, the Federal Energy Regulatory Commission approved a natural gas pipeline expansion called the Atlantic Sunrise Project, which stretches from northern Pennsylvania, across the Carolinas, and into Alabama. Environmental Associations whose members live and work in the areas affected by the Project and individual Homeowners whose...

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