ENVIRONMENTAL DEFENSE FUND v. FERC

No. 20-1016. Consolidated with 20-1017.

2 F.4th 953 (2021)

ENVIRONMENTAL DEFENSE FUND, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Spire Missouri Inc. and Spire STL Pipeline LLC, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 2021.


Attorney(s) appearing for the Case

Natalie M. Karas, Washington, DC, argued the cause for petitioner Environmental Defense Fund. With her on the briefs were Erin Murphy, Jason T. Gray, Kathleen L. Mazure, Washington, DC, Matthew L. Bly, and Sean H. Donahue, Washington, DC.

Henry B. Robertson argued the cause and filed the briefs for petitioner Juli Steck.

Jennifer Danis and Edward Lloyd were on the brief for amicus curiae Dr. Susan Tierney in support of petitioners.

Randy M. Stutz was on the brief for amicus curiae the American Antitrust Institute in support of petitioners.

Anand R. Viswanathan, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were David L. Morenoff, Acting General Counsel, and Robert H. Solomon, Solicitor.

Jonathan S. Franklin, Washington, DC, argued the cause for intervenors Spire STL Pipeline LLC and Spire Missouri Inc. in support of respondent. With him on the brief were Christopher J. Barr, Washington, DC, Jessica R. Rogers, Matthew J. Aplington, St. Louis, MO, Thomas E. Hirsch III, David T. Kearns, Daniel Archuleta, Washington, DC, and Sean P. Jamieson.

Paul Korman, Michael R. Pincus, Washington, DC, and Michael Diamond, were on the brief for amicus curiae Interstate Natural Gas Association of America in support of respondent.

Before: Tatel and Millett, Circuit Judges, and Edwards, Senior Circuit Judge.


In the action leading to this petition for review, the Federal Energy Regulatory Commission (the "Commission" or "FERC") issued a certificate of public convenience and necessity ("Certificate") under section 7(c) of the Natural Gas Act, 15 U.S.C. § 717f(c)(1)(A), to Intervenor-Respondent Spire STL Pipeline LLC...

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