FOOD & WATER WATCH v. FERC

No. 20-1132.

28 F.4th 277 (2022)

FOOD & WATER WATCH and Berkshire Environmental Action Team, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Eversource Energy Service Company and Tennessee Gas Pipeline Company, LLC, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 11, 2022.


Attorney(s) appearing for the Case

Adam S. Carlesco argued the cause and filed the briefs for petitioners. Zachary B. Corrigan and Carolyn Elefant entered appearances.

Richard L. Revesz and Jason A. Schwartz were on the brief for amicus curiae the Institute for Policy Integrity at New York University School of Law in support of petitioners.

Susanna Y. Chu , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were David L. Morenoff , Acting General Counsel, Robert H. Solomon , Solicitor, and Robert M. Kennedy , Senior Attorney.

Brian D. O'Neill argued the cause for intervenors. With him on the brief were Michael R. Pincus and Mary E. Grover .

Michael L. Murray and Matthew J. Agen were on the brief for amicus curiae American Gas Association in support of respondent.

Jeremy C. Marwell and Matthew X. Etchemendy were on the brief for amici curiae Interstate Natural Gas Association of America and American Fuel & Petrochemical Manufacturers in support of respondent.

Before: Srinivasan, Chief Judge, Millett and Katsas, Circuit Judges.


Two environmental groups, Food & Water Watch and Berkshire Environmental Action Team, petition for review of the Federal Energy Regulatory Commission's decision to authorize a new natural gas pipeline and compressor station in Agawam, Massachusetts. One of those petitioners, Berkshire, has failed to establish its standing...

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