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SIERRA CLUB v. FEDERAL ENERGY REGULATORY COMM'N

No. 20-1427.

38 F.4th 220 (2022)

SIERRA CLUB, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Mountain Valley Pipeline, LLC and Public Service Company of North Carolina, d/b/a Dominion Energy North Carolina, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 2022.

Attorney(s) appearing for the Case

Benjamin A. Luckett argued the cause for petitioners. With him on the briefs was Elizabeth F. Benson .

Matthew W.S. Estes , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were Matthew R. Christiansen , General Counsel, Robert H. Solomon , Solicitor, and Anand R. Viswanathan , Attorney.

Jeremy C. Marwell argued the cause for respondent-intervenors Mountain Valley Pipeline, LLC and Public Service Company of North Carolina, Inc. With him on the brief were Matthew Eggerding , Matthew X. Etchemendy , James T. Dawson , Charlotte Taylor , Stephen Petrany , and James Olson .

Before: Srinivasan, Chief Judge, Wilkins and Walker, Circuit Judges.

Petitioners, all environmental organizations, seek to vacate the Federal Energy and Regulatory Commission's ("FERC" or the "Commission") order giving the green light to Mountain Valley, LLC to construct a new pipeline. That pipeline, the "Southgate Project," would extend Mountain Valley's Mainline System Project, connecting...

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