CITY OF OBERLIN v. FERC

No. 18-1248. Consolidated with 18-1261.

937 F.3d 599 (2019)

CITY OF OBERLIN, OHIO, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Nexus Gas Transmission, LLC, Intervenor

United States Court of Appeals, District of Columbia Circuit.

Decided September 6, 2019.


Attorney(s) appearing for the Case

Carolyn Elefant argued the cause for petitioners. With her on the briefs were Aaron Ridenbaugh , Cuyahoga Falls, OH, and David A. Mucklow .

Carol J. Banta , Senior Attorney, 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.

David A. Super , Washington, DC, argued the cause for intervenor. With him on the brief were Kevin A. Ewing and Britt Cass Steckman , Washington, DC.

Concurring Opinion filed by Circuit Judge Rogers.


In reviewing an agency's justifications for its actions, principles of administrative law demand, sensibly, that we strike a balance. On the one hand, we must not micromanage. Agencies are the experts and requiring full exposition at every turn would impede their ability to carry out their specialized statutory duties. On...

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